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Capital IconMinnesota Legislature

SF 3393

as introduced - 91st Legislature (2019 - 2020) Posted on 03/10/2020 09:19am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education; making certain policy and technical changes for
prekindergarten through grade 12 education provisions including general education,
schools, teachers, definitions, and timelines; requiring reports; amending Minnesota
Statutes 2018, sections 13.32, subdivision 3; 120A.20, by adding a subdivision;
120A.22, subdivisions 7, 10; 120A.40; 120B.018, subdivision 6; 120B.021,
subdivisions 1, 2; 120B.022, subdivision 1b; 120B.024, by adding a subdivision;
120B.11, subdivisions 2, 3; 120B.13, subdivision 4; 120B.15; 121A.031,
subdivisions 5, 6; 121A.41, subdivision 10, by adding subdivisions; 121A.45,
subdivision 1; 121A.46, subdivision 4, by adding a subdivision; 121A.47,
subdivisions 2, 14; 121A.53, subdivision 1; 121A.55; 122A.181, subdivision 5;
122A.183, subdivision 2; 122A.185, subdivision 1; 122A.26, subdivision 2;
122A.40, subdivision 8; 123B.09, subdivision 2; 123B.147, subdivision 3; 124D.03,
subdivision 5; 124D.09, subdivision 13; 124D.111, subdivision 4, by adding a
subdivision; 124D.141, subdivision 2; 124D.165, subdivisions 3, 4; 124D.74,
subdivision 1; 124D.78, subdivisions 1, 3; 124D.79, subdivision 2; 124D.81,
subdivision 1; 124D.861, subdivision 2; 124D.862, subdivision 7; 124E.03,
subdivision 2, by adding subdivisions; 124E.05, subdivisions 4, 7; 124E.11;
124E.13, subdivision 3; 125A.091, by adding a subdivision; 125A.30; 134.31,
subdivision 4a; 609A.03, subdivision 7a; Minnesota Statutes 2019 Supplement,
sections 120B.024, subdivision 1; 120B.35, subdivision 3; 124D.09, subdivisions
3, 7; 124D.59, subdivision 2a; proposing coding for new law in Minnesota Statutes,
chapters 120B; 121A; 124D; repealing Minnesota Rules, part 8710.0500, subpart
1, item A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

A WORLD CLASS EDUCATION FOR EVERY STUDENT

Section 1.

Minnesota Statutes 2018, section 13.32, subdivision 3, is amended to read:


Subd. 3.

Private data; when disclosure is permitted.

Except as provided in subdivision
5, educational data is private data on individuals and shall not be disclosed except as follows:

(a) pursuant to section 13.05;

(b) pursuant to a valid court order;

(c) pursuant to a statute specifically authorizing access to the private data;

(d) to disclose information in health, including mental health, and safety emergencies
pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code
of Federal Regulations, title 34, section 99.36;

(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1),
(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations,
title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;

(f) to appropriate health authorities to the extent necessary to administer immunization
programs and for bona fide epidemiologic investigations which the commissioner of health
determines are necessary to prevent disease or disability to individuals in the public
educational agency or institution in which the investigation is being conducted;

(g) when disclosure is required for institutions that participate in a program under title
IV of the Higher Education Act, United States Code, title 20, section 1092;

(h) to the appropriate school district officials to the extent necessary under subdivision
6, annually to indicate the extent and content of remedial instruction, including the results
of assessment testing and academic performance at a postsecondary institution during the
previous academic year by a student who graduated from a Minnesota school district within
two years before receiving the remedial instruction;

(i) to appropriate authorities as provided in United States Code, title 20, section
1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the
system to effectively serve, prior to adjudication, the student whose records are released;
provided that the authorities to whom the data are released submit a written request for the
data that certifies that the data will not be disclosed to any other person except as authorized
by law without the written consent of the parent of the student and the request and a record
of the release are maintained in the student's file;

(j) to volunteers who are determined to have a legitimate educational interest in the data
and who are conducting activities and events sponsored by or endorsed by the educational
agency or institution for students or former students;

(k) to provide student recruiting information, from educational data held by colleges
and universities, as required by and subject to Code of Federal Regulations, title 32, section
216;

(l) to the juvenile justice system if information about the behavior of a student who poses
a risk of harm is reasonably necessary to protect the health or safety of the student or other
individuals;

(m) with respect to Social Security numbers of students in the adult basic education
system, to Minnesota State Colleges and Universities and the Department of Employment
and Economic Development for the purpose and in the manner described in section 124D.52,
subdivision 7
;

(n) to the commissioner of education for purposes of an assessment or investigation of
a report of alleged maltreatment of a student as mandated by section 626.556. Upon request
by the commissioner of education, data that are relevant to a report of maltreatment and are
from charter school and school district investigations of alleged maltreatment of a student
must be disclosed to the commissioner, including, but not limited to, the following:

(1) information regarding the student alleged to have been maltreated;

(2) information regarding student and employee witnesses;

(3) information regarding the alleged perpetrator; and

(4) what corrective or protective action was taken, if any, by the school facility in response
to a report of maltreatment by an employee or agent of the school or school district;

(o) when the disclosure is of the final results of a disciplinary proceeding on a charge
of a crime of violence or nonforcible sex offense to the extent authorized under United
States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations, title
34, sections 99.31 (a)(13) and (14);

(p) when the disclosure is information provided to the institution under United States
Code, title 42, section 14071, concerning registered sex offenders to the extent authorized
under United States Code, title 20, section 1232g(b)(7); deleted text beginor
deleted text end

(q) when the disclosure is to a parent of a student at an institution of postsecondary
education regarding the student's violation of any federal, state, or local law or of any rule
or policy of the institution, governing the use or possession of alcohol or of a controlled
substance, to the extent authorized under United States Code, title 20, section 1232g(i), and
Code of Federal Regulations, title 34, section 99.31 (a)(15), and provided the institution
has an information release form signed by the student authorizing disclosure to a parent.
The institution must notify parents and students about the purpose and availability of the
information release forms. At a minimum, the institution must distribute the information
release forms at parent and student orientation meetingsdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (r) to tribal nations about tribally enrolled or descendant students to allow the tribal
nation and school district or charter school to support the educational attainment of the
student.
new text end

Sec. 2.

Minnesota Statutes 2018, section 120B.018, subdivision 6, is amended to read:


Subd. 6.

Required standard.

"Required standard" means (1) a statewide adopted
expectation for student learning in the content areas of language arts, mathematics, science,
social studies, physical education, and the arts, or (2) a locally adopted expectation for
student learning in health deleted text beginor the artsdeleted text end.

Sec. 3.

Minnesota Statutes 2018, section 120B.021, subdivision 1, is amended to read:


Subdivision 1.

Required academic standards.

(a) The following subject areas are
required for statewide accountability:

(1) language arts;

(2) mathematics;

(3) science;

(4) social studies, including history, geography, economics, and government and
citizenship that includes civics consistent with section 120B.02, subdivision 3;

(5) physical education;

(6) health, for which locally developed academic standards apply; and

(7) the artsdeleted text begin, for which statewide or locally developed academic standards apply, as
determined by the school district
deleted text end. Public elementary and middle schools must offer at least
three and require at least two of the following deleted text beginfourdeleted text endnew text begin fivenew text end arts areas: dance; new text beginmedia arts; new text endmusic;
theater; and visual arts. Public high schools must offer at least three and require at least one
of the following five arts areas: media arts; dance; music; theater; and visual arts.

(b) For purposes of applicable federal law, the academic standards for language arts,
mathematics, and science apply to all public school students, except the very few students
with extreme cognitive or physical impairments for whom an individualized education
program team has determined that the required academic standards are inappropriate. An
individualized education program team that makes this determination must establish
alternative standards.

(c) The department must adopt the most recent SHAPE America (Society of Health and
Physical Educators) kindergarten through grade 12 standards and benchmarks for physical
education as the required physical education academic standards. The department may
modify and adapt the national standards to accommodate state interest. The modification
and adaptations must maintain the purpose and integrity of the national standards. The
department must make available sample assessments, which school districts may use as an
alternative to local assessments, to assess students' mastery of the physical education
standards beginning in the 2018-2019 school year.

(d) A school district may include child sexual abuse prevention instruction in a health
curriculum, consistent with paragraph (a), clause (6). Child sexual abuse prevention
instruction may include age-appropriate instruction on recognizing sexual abuse and assault,
boundary violations, and ways offenders groom or desensitize victims, as well as strategies
to promote disclosure, reduce self-blame, and mobilize bystanders. A school district may
provide instruction under this paragraph in a variety of ways, including at an annual assembly
or classroom presentation. A school district may also provide parents information on the
warning signs of child sexual abuse and available resources.

(e) District efforts to develop, implement, or improve instruction or curriculum as a
result of the provisions of this section must be consistent with sections 120B.10, 120B.11,
and 120B.20.

Sec. 4.

Minnesota Statutes 2018, section 120B.021, subdivision 2, is amended to read:


Subd. 2.

Standards development.

(a) The commissioner must consider advice from at
least the following stakeholders in developing statewide rigorous core academic standards
in language arts, mathematics, science, social studies, including history, geography,
economics, government and citizenship, and the arts:

new text begin (1) the Tribal Nations Education Committee under section 124D.79, subdivision 4, and
representatives from Minnesota's tribal nations and communities, including both Anishinaabe
and Dakota;
new text end

deleted text begin (1)deleted text endnew text begin (2)new text end parents of school-age children and members of the public throughout the state;

deleted text begin (2)deleted text endnew text begin (3)new text end teachers throughout the state currently licensed and providing instruction in
language arts, mathematics, science, social studies, or the arts and licensed elementary and
secondary school principals throughout the state currently administering a school site;

deleted text begin (3)deleted text endnew text begin (4)new text end currently serving members of local school boards and charter school boards
throughout the state;

deleted text begin (4)deleted text endnew text begin (5)new text end faculty teaching core subjects at postsecondary institutions in Minnesota; and

deleted text begin (5)deleted text endnew text begin (6)new text end representatives of the Minnesota business community.

(b) Academic standards must:

(1) be clear, concise, objective, measurable, and grade-level appropriate;

(2) not require a specific teaching methodology or curriculum; and

(3) be consistent with the Constitutions of the United States and the state of Minnesota.

Sec. 5.

Minnesota Statutes 2018, section 120B.022, subdivision 1b, is amended to read:


Subd. 1b.

State bilingual and multilingual seals.

(a) Consistent with efforts to strive
for the world's best workforce under sections 120B.11 and 124E.03, subdivision 2, paragraph
(i), and close the academic achievement and opportunity gap under sections 124D.861 and
124D.862, voluntary state bilingual and multilingual seals are established to recognize high
school students in any school district, charter school, or nonpublic school who demonstrate
an advanced-low level or an intermediate high level of functional proficiency in listening,
speaking, reading, and writing on either assessments aligned with American Council on the
Teaching of Foreign Languages' (ACTFL) proficiency guidelines or on equivalent valid
and reliable assessments in one or more languages in addition to English. American Sign
Language is a language other than English for purposes of this subdivision and a world
language for purposes of subdivision 1a.

(b) In addition to paragraph (a), to be eligible to receive a seal:

(1) students must satisfactorily complete all required English language arts credits; and

(2) students must demonstrate mastery of Minnesota's English language proficiency
standards.

(c) Consistent with this subdivision, a high school student who demonstrates an
intermediate high ACTFL level of functional proficiency in one language in addition to
English is eligible to receive the state bilingual gold seal. A high school student who
demonstrates an intermediate high ACTFL level of functional native proficiency in more
than one language in addition to English is eligible to receive the state multilingual gold
seal. A high school student who demonstrates an advanced-low ACTFL level of functional
proficiency in one language in addition to English is eligible to receive the state bilingual
platinum seal. A high school student who demonstrates an advanced-low ACTFL level of
functional proficiency in more than one language in addition to English is eligible to receive
the state multilingual platinum seal.

(d) School districts and charter schools may give students periodic opportunities to
demonstrate their level of proficiency in listening, speaking, reading, and writing in a
language in addition to English. Where valid and reliable assessments are unavailable, a
school district or charter school may rely on evaluators trained in assessing under ACTFL
proficiency guidelines to assess a student's level of foreign, heritage, or indigenous language
proficiency under this section. School districts and charter schools must maintain appropriate
records to identify high school students eligible to receive the state bilingual or multilingual
gold and platinum sealsnew text begin and world language proficiency certificates. School districts and
charter schools must annually report to the department all seals and world language
proficiency certificates by categories of student race, English learner status, free and
reduced-price lunch status, and disability status
new text end. The school district or charter school must
deleted text begin affixdeleted text endnew text begin indicatenew text end the appropriate seal deleted text begintodeleted text endnew text begin or certificate and corresponding number of college
semesters earned at Minnesota State Colleges and Universities on
new text end the transcript of each
high school student who meets the requirements of this subdivision and may affix the seal
to the student's diploma. A school district or charter school must not charge the high school
student a fee for this seal.

(e) A school district or charter school may award elective course credits in world
languages to a student who demonstrates the requisite proficiency in a language other than
English under this section.

(f) A school district or charter school may award community service credit to a student
who demonstrates an intermediate high or advanced-low ACTFL level of functional
proficiency in listening, speaking, reading, and writing in a language other than English
and who participates in community service activities that are integrated into the curriculum,
involve the participation of teachers, and support biliteracy in the school or local community.

(g) The commissioner must list on the web page those assessments that are aligned to
ACTFL proficiency guidelines.

(h) By August 1, 2015, the colleges and universities of the Minnesota State Colleges
and Universities system must establish criteria to translate the seals into college credits
based on the world language course equivalencies identified by the Minnesota State Colleges
and Universities faculty and staff and, upon request from an enrolled student, the Minnesota
State Colleges and Universities may award foreign language credits to a student who receives
a Minnesota World Language Proficiency Certificate under subdivision 1a. A student who
demonstrated the requisite level of language proficiency in grade 10, 11, or 12 to receive a
seal or certificate and is enrolled in a Minnesota State Colleges and Universities institution
must request college credits for the student's seal or proficiency certificate within three
academic years after graduating from high school. The University of Minnesota is encouraged
to award students foreign language academic credits consistent with this paragraph.

Sec. 6.

Minnesota Statutes 2019 Supplement, section 120B.024, subdivision 1, is amended
to read:


Subdivision 1.

Graduation requirements.

(a) Students beginning 9th grade in the
2011-2012 school year and later must successfully complete the following high school level
credits for graduation:

(1) four credits of language arts sufficient to satisfy all of the academic standards in
English language arts;

(2) three credits of mathematics, including an algebra II credit or its equivalent, sufficient
to satisfy all of the academic standards in mathematics;

(3) an algebra I credit by the end of 8th grade sufficient to satisfy all of the 8th grade
standards in mathematicsnew text begin. The credit does not earn high school creditnew text end;

(4) three credits of science, including at least one credit of biology, one credit of chemistry
or physics, and one deleted text beginelectivedeleted text end credit of new text beginearth and space new text endsciencenew text begin beginning with the 9th grade
class in the 2023-2024 school year
new text end. The combination of credits under this clause must be
sufficient to satisfy (i) all of the academic standards in either chemistry or physics and (ii)
all other academic standards in science;

(5) three and one-half credits of social studies, encompassing at least United States
history, geography, government and citizenship, world history, and economics sufficient
to satisfy all of the academic standards in social studies;

(6) one credit of the arts sufficient to satisfy all of the deleted text beginstate or localdeleted text end academic standards
in the arts; deleted text beginand
deleted text end

new text begin (7) one credit of physical education sufficient to satisfy all the academic standards in
physical education; and
new text end

deleted text begin (7)deleted text endnew text begin (8)new text end a minimum of deleted text beginsevendeleted text endnew text begin sixnew text end elective credits.

(b) A school district is encouraged to offer a course for credit in government and
citizenship to 11th or 12th grade students who begin 9th grade in the 2020-2021 school year
and later, that satisfies the government and citizenship requirement in paragraph (a), clause
(5).

Sec. 7.

Minnesota Statutes 2018, section 120B.024, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Students experiencing homelessness. new text end

new text begin (a) To ensure that students experiencing
homelessness, as defined in section 119B.011, subdivision 13b, do not face additional
barriers to their educational success or graduation, a district or charter school must award
a high school diploma to a student who has experienced homelessness in high school when
the student satisfies the state graduation requirements defined in section 120B.02, subdivision
2, regardless of whether the student satisfies additional graduation requirements established
by the district or charter school that exceed the state graduation requirements.
new text end

new text begin (b) A district or charter school must ensure that a student experiencing homelessness
receives priority enrollment in courses for which the student is otherwise eligible, courses
that are required for or contribute to satisfying graduation requirements, and courses that
may have been partially completed in another school, district, or charter school.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2020-2021 school year and later.
new text end

Sec. 8.

Minnesota Statutes 2018, section 120B.11, subdivision 2, is amended to read:


Subd. 2.

Adopting plans and budgets.

A school board, at a public meeting, deleted text beginshalldeleted text endnew text begin mustnew text end
adopt a comprehensive, long-term strategic plan to support and improve teaching and
learning that is aligned with creating the world's best workforce and includes:

(1) clearly defined district and school site goals and benchmarks for instruction and
student achievement for all student subgroups identified in section 120B.35, subdivision 3,
paragraph (b), clause (2);

(2) a process to assess and evaluate each student's progress toward meeting state and
local academic standards, assess and identify students to participate in gifted and talented
programs and accelerate their instruction, and adopt early-admission procedures consistent
with section 120B.15, and identifying the strengths and weaknesses of instruction in pursuit
of student and school success and curriculum affecting students' progress and growth toward
career and college readiness and leading to the world's best workforce;

(3) a system to periodically review and evaluate the effectiveness of all instruction and
curriculum, taking into account strategies and best practices, student outcomes, school
principal evaluations under section 123B.147, subdivision 3, students' access to effective
teachers who are members of populations underrepresented among the licensed teachers in
the district or school and who reflect the diversity of enrolled students under section 120B.35,
subdivision 3
, paragraph (b), clause (2), and teacher evaluations under section 122A.40,
subdivision 8
, or 122A.41, subdivision 5;

(4) strategies for improving instruction, curriculum, and student achievement, including
new text begin (i) new text endthe English and, where practicable, the native language development and the academic
achievement of English learnersdeleted text begin;deleted text endnew text begin, and (ii) for all learners, access to culturally relevant or
ethnic studies curriculum using culturally responsive methodologies;
new text end

(5) a process to examine the equitable distribution of teachers and strategies to ensure
deleted text begin low-income and minoritydeleted text end children new text beginfrom low-income families, families of color, and American
Indian families
new text endare not taught at higher rates than other children by inexperienced, ineffective,
or out-of-field teachers;

(6) education effectiveness practices that integrate high-quality instructiondeleted text begin,deleted text endnew text begin;new text end rigorous
curriculumdeleted text begin,deleted text endnew text begin;new text end technologydeleted text begin,deleted text endnew text begin; inclusive and respectful learning and work environments for all
students, families, and staff;
new text end and a collaborative professional culture that deleted text begindevelops and
supports
deleted text endnew text begin retains qualified and racially, ethnically, and linguistically diverse staff effective
at working with diverse students while developing and supporting
new text end teacher quality,
performance, and effectiveness; and

(7) an annual budget for continuing to implement the district plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for all strategic plans reviewed and
updated after the day of final enactment.
new text end

Sec. 9.

Minnesota Statutes 2018, section 120B.11, subdivision 3, is amended to read:


Subd. 3.

District advisory committee.

Each school board deleted text beginshalldeleted text endnew text begin mustnew text end establish an advisory
committee to ensure active community participation in all phases of planning and improving
the instruction and curriculum affecting state and district academic standards, consistent
with subdivision 2. A district advisory committee, to the extent possible, deleted text beginshalldeleted text endnew text begin mustnew text end reflect
the diversity of the district and its school sites, include teachers, parents, support staff,
students, and other community residents, and provide translation to the extent appropriate
and practicable. The district advisory committee deleted text beginshalldeleted text endnew text begin mustnew text end pursue community support to
accelerate the academic and native literacy and achievement of English learners with varied
needs, from young children to adults, consistent with section 124D.59, subdivisions 2 and
2a. The district may establish site teams as subcommittees of the district advisory committee
under subdivision 4. The district advisory committee deleted text beginshalldeleted text endnew text begin mustnew text end recommend to the school
board rigorous academic standardsdeleted text begin,deleted text endnew text begin;new text end student achievement goals and measures consistent
with subdivision 1a and sections 120B.022, subdivisions 1a and 1b, and 120B.35deleted text begin,deleted text endnew text begin;new text end district
assessmentsdeleted text begin,deleted text endnew text begin;new text end means to improve students' equitable access to effective and more diverse
teachersdeleted text begin,deleted text endnew text begin; strategies to ensure the curriculum and learning and work environments are
inclusive and respectful toward all racial and ethnic groups;
new text end and program evaluations. School
sites may expand upon district evaluations of instruction, curriculum, assessments, or
programs. Whenever possible, parents and other community residents deleted text beginshalldeleted text endnew text begin mustnew text end comprise
at least two-thirds of advisory committee members.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for all strategic plans reviewed and
updated after the day of final enactment.
new text end

Sec. 10.

Minnesota Statutes 2018, section 120B.15, is amended to read:


120B.15 GIFTED AND TALENTED STUDENTS PROGRAMS.

(a) School districts may identify students, locally develop programsnew text begin or servicesnew text end addressing
instructional and affective needs, provide staff development, and evaluate programsnew text begin or
services
new text end to provide gifted and talented students with challenging and appropriate educational
programsnew text begin or servicesnew text end.

(b) School districts must adopt guidelines for assessing and identifying students for
participation in gifted and talented programs consistent with section 120B.11, subdivision
2, clause (2). The guidelines should include the use of:

(1) multiple and objective criteria; and

(2) assessments and procedures that are valid and reliable, fair, and based on current
theory and research. Assessments and procedures deleted text beginshoulddeleted text endnew text begin mustnew text end be sensitivenew text begin and equitablenew text end
to underrepresented groups, including, but not limited to, low-incomenew text begin studentsnew text end, deleted text beginminoritydeleted text endnew text begin
students of color and American Indian students
new text end, twice-exceptionalnew text begin studentsnew text end,new text begin students with
504 plans,
new text end and English learners.new text begin Assessments and procedures must be coordinated to allow
for optimal identification of programs or services for these underrepresented students.
new text end

(c) School districts must adopt procedures for the academic acceleration of gifted and
talented students consistent with section 120B.11, subdivision 2, clause (2). These procedures
must include how the district will:

(1) assess a student's readiness and motivation for acceleration; and

(2) match the level, complexity, and pace of the curriculum to a student to achieve the
best type of academic acceleration for that student.

(d) School districts must adopt procedures consistent with section 124D.02, subdivision
1, for early admission to kindergarten or first grade of gifted and talented learners consistent
with section 120B.11, subdivision 2, clause (2). The procedures must be sensitive to
underrepresented groups.

Sec. 11.

new text begin [120B.25] CURRICULUM POLICY.
new text end

new text begin A school board must adopt a written policy that prohibits discrimination or discipline
for a teacher or principal on the basis of incorporating into curriculum contributions by
persons in a federally protected class or protected class under section 363A.13, consistent
with local collective bargaining agreements and sections 121A.41 to 121A.56.
new text end

Sec. 12.

Minnesota Statutes 2019 Supplement, section 124D.59, subdivision 2a, is amended
to read:


Subd. 2a.

English learner; interrupted formal education.

Consistent with subdivision
2, deleted text beginan English learner includesdeleted text end an English learner with an interrupted formal education deleted text beginwho
meets three of the following five requirements:
deleted text endnew text begin means a pupil who has at least two years
less schooling than the pupil's peers and enters school in the United States after grade 3.
new text end

deleted text begin (1) comes from a home where the language usually spoken is other than English, or
usually speaks a language other than English;
deleted text end

deleted text begin (2) enters school in the United States after grade 6;
deleted text end

deleted text begin (3) has at least two years less schooling than the English learner's peers;
deleted text end

deleted text begin (4) functions at least two years below expected grade level in reading and mathematics;
and
deleted text end

deleted text begin (5) may be preliterate in the English learner's native language.
deleted text end

Sec. 13.

Minnesota Statutes 2018, section 124D.861, subdivision 2, is amended to read:


Subd. 2.

Plan implementation; components.

(a) The school board of each eligible
district must formally develop and implement a long-term plan under this section. The plan
must be incorporated into the district's comprehensive strategic plan under section 120B.11.
deleted text begin Plan components may include: innovative and integrated prekindergarten through grade 12
learning environments that offer students school enrollment choices; family engagement
initiatives that involve families in their students' academic life and success; professional
development opportunities for teachers and administrators focused on improving the academic
achievement of all students, including teachers and administrators who are members of
populations underrepresented among the licensed teachers or administrators in the district
or school and who reflect the diversity of students under section 120B.35, subdivision 3,
paragraph (b), clause (2), who are enrolled in the district or school; increased programmatic
opportunities and effective and more diverse instructors focused on rigor and college and
career readiness for underserved students, including students enrolled in alternative learning
centers under section 123A.05, public alternative programs under section 126C.05,
subdivision 15
, and contract alternative programs under section 124D.69, among other
underserved students; or recruitment and retention of teachers and administrators with
diverse racial and ethnic backgrounds.
deleted text end

new text begin (b) new text endThe plan must contain goals for:

(1) reducing the disparities in academic achievement and in equitable access to effective
and more diverse teachers among all students and specific categories of students under
section 120B.35, subdivision 3, paragraph (b), excluding the student categories of gender,
disability, and English learners; and

(2) increasing racial and economic diversity and integration in schools and districts.

new text begin (c) The plan must include strategies to make schools' curriculum and learning and work
environments more inclusive and respectful of students' racial, ethnic, and linguistic diversity
and to address issues of structural inequities in schools that create opportunity and
achievement gaps for students, families, and staff who are of color or who are American
Indian. Examples of possible structural inequities include but are not limited to policies and
practices that unintentionally result in disparate referrals and suspension, inequitable access
to advanced coursework, overrepresentation in lower level coursework, inequitable
participation in cocurricular activities, inequitable parent involvement, and lack of access
to racially and ethnically diverse teachers.
new text end

new text begin (d) Plan components and strategies should be informed by local data and may include
but are not limited to the following efforts:
new text end

new text begin (1) innovative and integrated prekindergarten through grade 12 learning environments
that offer students school enrollment choices;
new text end

new text begin (2) family engagement initiatives that involve families in their students' academic life
and success, and improve relations between home and school;
new text end

new text begin (3) creating opportunities for students, families, staff, and community members who are
of color or American Indian to share their experiences in the school setting with school staff
and administration to inform development of specific proposals for making school
environments more inclusive and respectful toward all students, families, and staff;
new text end

new text begin (4) professional development opportunities for teachers and administrators focused on
improving the academic achievement of all students, including knowledge, skills, and
dispositions needed to be culturally responsive and successfully serve students who are
from diverse racial, ethnic, and linguistic backgrounds;
new text end

new text begin (5) recruitment and retention of teachers, administrators, cultural and family liaisons,
paraprofessionals, and other nonlicensed staff from racial, ethnic, and linguistic backgrounds
represented in the student population to strengthen relationships with all students, families,
and other members of the community;
new text end

new text begin (6) examining academic and discipline data, reexamining institutional policies and
practices that result in opportunity and achievement disparities between racial and ethnic
groups, and making necessary changes that increase access, meaningful participation,
representation, and positive outcomes for students of color, American Indian students, and
students who qualify for free or reduced-price lunch;
new text end

new text begin (7) increased programmatic opportunities and effective and more diverse instructors
focused on rigor and college and career readiness for underserved students, including but
not limited to students enrolled in alternative learning centers under section 123A.05, public
alternative programs under section 126C.05, subdivision 15, and contract alternative programs
under section 124D.69;
new text end

new text begin (8) developing or expanding ethnic studies course offerings to provide all students with
in-depth opportunities to learn about their own and others' cultures and historical experiences;
or
new text end

new text begin (9) examining and revising curricula in various subjects to be culturally relevant and
inclusive of various racial and ethnic groups while meeting state academic standards.
new text end

deleted text begin (b)deleted text endnew text begin (e)new text end Among other requirements, an eligible district must implement effective,
research-based interventions that include formative assessment practices to reduce the
disparities in student academic performance among the specific categories of students as
measured by student progress and growth on state reading and math assessments and as
aligned with section 120B.11.

deleted text begin (c)deleted text endnew text begin (f)new text end Eligible districts must create efficiencies and eliminate duplicative programs and
services under this section, which may include forming collaborations or a single,
seven-county metropolitan areawide partnership of eligible districts for this purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for all plans reviewed and updated after
the day of final enactment.
new text end

ARTICLE 2

SAFE AND NURTURING SCHOOLS FOR EVERY STUDENT

Section 1.

Minnesota Statutes 2018, section 120A.22, subdivision 7, is amended to read:


Subd. 7.

Education records.

(a) A district, a charter school, or a nonpublic school that
receives services or aid under sections 123B.40 to 123B.48 from which a student is
transferring must transmit the student's educational records, within ten business days of a
request, to the district, the charter school, or the nonpublic school in which the student is
enrolling. Districts, charter schools, and nonpublic schools that receive services or aid under
sections 123B.40 to 123B.48 must make reasonable efforts to determine the district, the
charter school, or the nonpublic school in which a transferring student is next enrolling in
order to comply with this subdivision.

(b) A closed charter school must transfer the student's educational records, within ten
business days of the school's closure, to the student's school district of residence where the
records must be retained unless the records are otherwise transferred under this subdivision.

(c) A school district, a charter school, or a nonpublic school that receives services or aid
under sections 123B.40 to 123B.48 that transmits a student's educational records to another
school district or other educational entity, charter school, or nonpublic school to which the
student is transferring must include in the transmitted records information about any formal
suspension, expulsion, and exclusion disciplinary action new text beginas well as pupil withdrawals new text endunder
sections 121A.40 to 121A.56.new text begin Transmitted records must document any service a pupil
requires to prevent the inappropriate behavior from recurring.
new text end The district, the charter school,
or the nonpublic school that receives services or aid under sections 123B.40 to 123B.48
must provide notice to a student and the student's parent or guardian that formal disciplinary
records will be transferred as part of the student's educational record, in accordance with
data practices under chapter 13 and the Family Educational Rights and Privacy Act of 1974,
United States Code, title 20, section 1232(g).

(d) Notwithstanding section 138.17, a principal or chief administrative officer must
remove from a student's educational record and destroy a probable cause notice received
under section 260B.171, subdivision 5, or paragraph (e), if one year has elapsed since the
date of the notice and the principal or chief administrative officer has not received a
disposition or court order related to the offense described in the notice. This paragraph does
not apply if the student no longer attends the school when this one-year period expires.

(e) A principal or chief administrative officer who receives a probable cause notice under
section 260B.171, subdivision 5, or a disposition or court order, must include a copy of that
data in the student's educational records if they are transmitted to another school, unless the
data are required to be destroyed under paragraph (d) or section 121A.75.

Sec. 2.

Minnesota Statutes 2018, section 120A.40, is amended to read:


120A.40 SCHOOL CALENDAR.

(a) Except for learning programs during summer, flexible learning year programs
authorized under sections 124D.12 to 124D.127, and learning year programs under section
124D.128, a district must not commence an elementary or secondary school year before
Labor Day, except as provided under paragraph (b). Days devoted to teachers' workshops
may be held before Labor Day. Districts that enter into cooperative agreements are
encouraged to adopt similar school calendars.

(b) A district may begin the school year on any day before Labor Day:

(1) to accommodate a construction or remodeling project of $400,000 or more affecting
a district school facility;

(2) if the district has an agreement under section 123A.30, 123A.32, or 123A.35 with a
district that qualifies under clause (1); or

(3) if the district agrees to the same schedule with a school district in an adjoining state.

new text begin (c) A school board may consider the community's religious or cultural observances when
adopting an annual school calendar.
new text end

Sec. 3.

Minnesota Statutes 2018, section 121A.031, subdivision 5, is amended to read:


Subd. 5.

Safe and supportive schools programming.

(a) Districts and schools are
encouraged to provide developmentally appropriate programmatic instruction to help students
identify, prevent, and reduce prohibited conduct; value diversity in school and society;
develop and improve students' knowledge and skills for solving problems, managing conflict,
engaging in civil discourse, and recognizing, responding to, and reporting prohibited conduct;
and make effective prevention and intervention programs available to students. Upon request,
the school safety technical assistance center under section 127A.052 must assist a district
or school in helping students understand social media and cyberbullying. Districts and
schools must establish strategies for creating a positive school climate and use evidence-based
social-emotional learning to prevent and reduce discrimination and other improper conduct.

(b) Districts and schools deleted text beginare encouraged todeleted text endnew text begin mustnew text end:

(1) engage all students in creating a safe and supportive school environment;

(2) partner with parents and other community members to develop and implement
prevention and intervention programs;

(3) engage all students and adults in integrating education, intervention, and other
remedial responses into the school environment;

(4) train student bystanders to intervene in and report incidents of prohibited conduct to
the school's primary contact person;

(5) teach students to advocate for themselves and others;

(6) prevent inappropriate referrals to special education of students who may engage in
prohibited conduct; and

(7) foster student collaborations that foster a safe and supportive school climate.

Sec. 4.

Minnesota Statutes 2018, section 121A.031, subdivision 6, is amended to read:


Subd. 6.

State model policy.

(a) The commissioner, in consultation with the
commissioner of human rights, shall develop and maintain a state model policy. A district
or school that does not adopt and implement a local policy under subdivisions 3 to 5 must
implement and may supplement the provisions of the state model policy. The commissioner
must assist districts and schools under this subdivision to implement the state policy. The
state model policy must:

(1) define prohibited conduct, consistent with this section;

(2) apply the prohibited conduct policy components in this section;

(3) for a child with a disability, whenever an evaluation by an individualized education
program team or a section 504 team indicates that the child's disability affects the child's
social skills development or the child is vulnerable to prohibited conduct because of the
child's disability, the child's individualized education program or section 504 plan may
address the skills and proficiencies the child needs to not engage in and respond to such
conduct; and

(4) encourage violence prevention and character development education programs under
section 120B.232, subdivision 1.

(b) The commissioner shall develop and post departmental procedures for:

(1) periodically reviewing district and school programs and policies for compliance with
this section;

(2) investigating, reporting, and responding to noncompliance with this section, which
may include an annual review of plans to improve and provide a safe and supportive school
climate; and

(3) allowing students, parents, and educators to file a complaint about noncompliance
with the commissioner.

(c) The commissioner must post on the department's website information indicating that
when districts and schools allow non-curriculum-related student groups access to school
facilities, the district or school must give all student groups equal access to the school
facilities regardless of the content of the group members' speech.

new text begin (d) The commissioner must develop and maintain resources to assist a district or school
in implementing strategies for creating a positive school climate and using evidence-based
social-emotional learning to prevent and reduce discrimination and other improper conduct.
new text end

new text begin (e) The commissioner must develop and adopt state level standards for social, emotional,
and cognitive development.
new text end

Sec. 5.

new text begin [121A.391] SENSORY, SERENITY, OR PRAYER ROOMS.
new text end

new text begin (a) School districts and charter schools are required to adopt a policy, consistent with
their student population, that considers providing sensory rooms to students when it is in
the best interest of students.
new text end

new text begin (b) School districts and charter schools are required to adopt a policy, consistent with
their student population, that considers providing serenity or prayer rooms to students.
new text end

Sec. 6.

Minnesota Statutes 2018, section 121A.41, subdivision 10, is amended to read:


Subd. 10.

Suspension.

new text begin (a) "In-school suspension" means an instance in which a pupil
is temporarily removed from the pupil's regular classroom for at least half a day for
disciplinary purposes, but remains under the direct supervision of school personnel. "Direct
supervision" means school personnel are physically present in the same location as the pupil
under supervision.
new text end

deleted text begin "Suspension"deleted text endnew text begin (b) "Out-of-school suspension"new text end means an action by the school
administration, under rules promulgated by the school board, prohibiting a pupil from
attending school for a period of no more than ten school days. If a suspension is longer than
five days, the suspending administrator must provide the superintendent with a reason for
the longer suspension. This definition does not apply to dismissal from school fornew text begin less thannew text end
one school day deleted text beginor lessdeleted text end, except as provided in federal law for a student with a disability. Each
suspension action may include a readmission plan. The readmission plan shall include,
where appropriate, a provision for implementing alternative educational services upon
readmission and may not be used to extend the current suspension. Consistent with section
125A.091, subdivision 5, the readmission plan must not obligate a parent to provide a
sympathomimetic medication for the parent's child as a condition of readmission. The school
administration may not impose consecutive suspensions against the same pupil for the same
course of conduct, or incident of misconduct, except where the pupil will create an immediate
and substantial danger to self or to surrounding persons or property, or where the district is
in the process of initiating an expulsion, in which case the school administration may extend
the suspension to a total of 15 school days.

Sec. 7.

Minnesota Statutes 2018, section 121A.41, is amended by adding a subdivision to
read:


new text begin Subd. 12. new text end

new text begin Nonexclusionary disciplinary policies and practices; alternatives to pupil
removal and dismissal.
new text end

new text begin "Nonexclusionary disciplinary policies and practices" means
policies and practices that are alternatives to removing a pupil from class or dismissing a
pupil from school. Nonexclusionary disciplinary policies and practices include but are not
limited to evidence-based positive behavior interventions and supports, social and emotional
services, school-linked mental health services, counseling services, social work services,
referrals for special education or 504 evaluations, academic screening for title one services
or reading interventions, and alternative education services. Nonexclusionary disciplinary
policies and practices require school officials to intervene in, redirect, and support a pupil's
behavior before removing a pupil from class or beginning dismissal proceedings.
Nonexclusionary disciplinary policies and practices also include but are not limited to the
policies and practices under sections 120B.12; 121A.575, clauses (1) and (2); 121A.031,
subdivision 4, paragraph (a), clause (1); 121A.61, subdivision 3, paragraph (q); 122A.627,
clause (3); and 123A.56.
new text end

Sec. 8.

Minnesota Statutes 2018, section 121A.41, is amended by adding a subdivision to
read:


new text begin Subd. 13. new text end

new text begin Pupil withdrawal agreement. new text end

new text begin "Pupil withdrawal agreement" means a verbal
or written agreement between a school or district administrator and a pupil's parent or
guardian to withdraw a student from the school district to avoid expulsion or exclusion
dismissal proceedings. The duration of the withdrawal agreement cannot be for more than
a 12-month period.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2020-2021 school year and later.
new text end

Sec. 9.

new text begin [121A.425] FULL AND EQUITABLE PARTICIPATION IN PRESCHOOL
AND PREKINDERGARTEN.
new text end

new text begin Subdivision 1. new text end

new text begin Disciplinary dismissals prohibited. new text end

new text begin A school district or charter school
must prohibit the disciplinary dismissal of a child enrolled in a preschool or prekindergarten
program, including a child participating in early childhood family education, school readiness,
school readiness plus, voluntary prekindergarten, Head Start, or other school-based preschool
or prekindergarten program.
new text end

new text begin Subd. 2. new text end

new text begin Nonexclusionary discipline. new text end

new text begin School district or charter school staff must ensure
that a child fully participates in a preschool or prekindergarten program described in
subdivision 1 by providing one or more of the following services:
new text end

new text begin (1) collaborating with the child's family or guardian, child mental health consultant or
provider, education specialist, or other community-based support;
new text end

new text begin (2) creating a plan, written with the parent or guardian, that details the action and support
needed for the child to fully participate in a preschool or prekindergarten program;
new text end

new text begin (3) providing a referral for needed support services, including parenting education, home
visits, or other supportive educational interventions; or
new text end

new text begin (4) determining if a referral for special education is appropriate for the child.
new text end

Sec. 10.

Minnesota Statutes 2018, section 121A.45, subdivision 1, is amended to read:


Subdivision 1.

Provision of alternative programs.

No school shall dismiss any pupil
without attempting to deleted text beginprovide alternative educational servicesdeleted text endnew text begin use nonexclusionary
disciplinary policies and practices
new text end before dismissal proceedingsnew text begin or pupil withdrawal
proceedings
new text end, except where it appears that the pupil will create an immediate and substantial
danger to self or to surrounding persons or property.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2020-2021 school year and later.
new text end

Sec. 11.

Minnesota Statutes 2018, section 121A.46, subdivision 4, is amended to read:


Subd. 4.

Suspension pending expulsion or exclusion hearing.

new text begin(a) new text endNotwithstanding
the provisions of subdivisions 1 and 3, the pupil may be suspended pending the school
board's decision in the expulsion or exclusion hearing; provided that alternative educational
services are implemented to the extent that suspension exceeds five days.

new text begin (b) A school administrator must ensure that alternative educational services are provided
when a pupil is suspended for more than five consecutive school days.
new text end

Sec. 12.

Minnesota Statutes 2018, section 121A.46, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Minimum education services. new text end

new text begin A suspended pupil must have the opportunity
to complete all school work assigned during the period of the pupil's suspension and to
receive full credit for satisfactorily completing the assignments. When a class assignment
is modified due to the pupil not being physically present in the classroom setting, the modified
assignment must address the same standards as the original assignment and provide the
pupil with the same amount of credit when completed. A school principal or other person
with administrative control of the school building or program is encouraged to designate a
district or school employee as a liaison to work with the pupil's teacher to allow the suspended
pupil to (1) receive timely course materials and other information, and (2) complete daily
and weekly assignments and receive feedback from the teacher as appropriate.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2020-2021 school year and later.
new text end

Sec. 13.

Minnesota Statutes 2018, section 121A.47, subdivision 2, is amended to read:


Subd. 2.

Written notice.

Written notice of intent to take action shall:

(a) be served upon the pupil and the pupil's parent or guardian personally or by mail;

(b) contain a complete statement of the facts, a list of the witnesses and a description of
their testimony;

(c) state the date, time, and place of the hearing;

(d) be accompanied by a copy of sections 121A.40 to 121A.56;

(e) describe deleted text beginalternative educational servicesdeleted text endnew text begin the nonexclusionary disciplinary practicesnew text end
accorded the pupil in an attempt to avoid the expulsion proceedings; and

(f) inform the pupil and parent or guardian of the right to:

(1) have a representative of the pupil's own choosing, including legal counsel, at the
hearing. The district deleted text beginshalldeleted text endnew text begin mustnew text end advise the pupil's parent or guardian that free or low-cost
legal assistance may be available and that a legal assistance resource list is available from
the Department of Educationnew text begin and is posted on their websitenew text end;

(2) examine the pupil's records before the hearing;

(3) present evidence; and

(4) confront and cross-examine witnesses.

Sec. 14.

Minnesota Statutes 2018, section 121A.47, subdivision 14, is amended to read:


Subd. 14.

Admission or readmission plan.

(a) A school administrator deleted text beginshalldeleted text endnew text begin mustnew text end prepare
and enforce an admission or readmission plan for any pupil who is excluded or expelled
from school. The plan deleted text beginmaydeleted text endnew text begin mustnew text end include measures to improve the pupil's behavior, deleted text beginincludingdeleted text endnew text begin
which may include
new text end completing a character education program, consistent with section
120B.232, subdivision 1, deleted text beginanddeleted text endnew text begin social and emotional learning, counseling, social work services,
mental health services, referrals for special education or 504 evaluation, and evidence-based
academic interventions. The plan must
new text end require parental involvement in the admission or
readmission process, and may indicate the consequences to the pupil of not improving the
pupil's behavior.

(b) The definition of suspension under section 121A.41, subdivision 10, does not apply
to a student's dismissal from school for new text beginless than new text endone school day deleted text beginor lessdeleted text end, except as provided
under federal law for a student with a disability. Each suspension action may include a
readmission plan. A readmission plan must provide, where appropriate, alternative education
services, which must not be used to extend the student's current suspension period. Consistent
with section 125A.091, subdivision 5, a readmission plan must not obligate a parent or
guardian to provide psychotropic drugs to their student as a condition of readmission. School
officials must not use the refusal of a parent or guardian to consent to the administration of
psychotropic drugs to their student or to consent to a psychiatric evaluation, screening or
examination of the student as a ground, by itself, to prohibit the student from attending class
or participating in a school-related activity, or as a basis of a charge of child abuse, child
neglect or medical or educational neglect.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2020-2021 school year and later.
new text end

Sec. 15.

Minnesota Statutes 2018, section 121A.53, subdivision 1, is amended to read:


Subdivision 1.

Exclusions and expulsions;new text begin pupil withdrawals andnew text end physical
assaults.

new text beginConsistent with subdivision 2, new text endthe school board must report through the department
electronic reporting system each exclusion or expulsion deleted text beginanddeleted text endnew text begin,new text end each physical assault of a
district employee by a deleted text beginstudentdeleted text endnew text begin pupil, and each pupil withdrawal agreementnew text end within 30 days
of the effective date of the dismissal actionnew text begin, pupil withdrawal,new text end or assault to the commissioner
of education. This report must include a statement of deleted text beginalternative educational servicesdeleted text endnew text begin
nonexclusionary disciplinary practices
new text end, or other sanction, intervention, or resolution in
response to the assault given the pupil and the reason for, the effective date, and the duration
of the exclusion or expulsion or other sanction, intervention, or resolution. The report must
also include the deleted text beginstudent'sdeleted text endnew text begin pupil'snew text end age, grade, gender, race, and special education status.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2020-2021 school year and later.
new text end

Sec. 16.

Minnesota Statutes 2018, section 121A.55, is amended to read:


121A.55 POLICIES TO BE ESTABLISHED.

(a) The commissioner of education shall promulgate guidelines to assist each school
board. Each school board deleted text beginshalldeleted text endnew text begin mustnew text end establish uniform criteria for dismissal and adopt written
policies and rules to effectuate the purposes of sections 121A.40 to 121A.56. The policies
deleted text begin shalldeleted text endnew text begin must include nonexclusionary disciplinary policies and practices consistent with section
121A.41, subdivision 12, and must
new text end emphasize preventing dismissals through early detection
of problems deleted text beginand shalldeleted text endnew text begin. The policies mustnew text end be designed to address students' inappropriate
behavior from recurring.

new text begin (b)new text end The policies deleted text beginshalldeleted text endnew text begin mustnew text end recognize the continuing responsibility of the school for the
education of the pupil during the dismissal period.

new text begin (1) The school is responsible for ensuring that new text endthe alternative educational servicesdeleted text begin, if
the pupil wishes to take advantage of them,
deleted text endnew text begin provided to the pupilnew text end must be adequate to allow
the pupil to make progress deleted text begintowardsdeleted text endnew text begin towardnew text end meeting the graduation standards adopted under
section 120B.02 and help prepare the pupil for readmissionnew text begin, and is in accordance with section
121A.46, subdivision 5
new text end.

new text begin (2) For an expulsion, exclusion, or pupil withdrawal agreement as defined in section
121A.41, subdivision 13:
new text end

new text begin (i) The school district must review the pupil's school work and grades on a quarterly
basis to ensure the pupil is making progress toward readmission. A school district must
communicate on a regular basis with the pupil's parent or guardian to ensure the pupil is
completing the work assigned through the alternative educational services. If the pupil
enrolls and is admitted into a new school district during the dismissal period, this obligation
ends.
new text end

new text begin (ii) If school-based mental health services are provided in the district under section
245.4889, a pupil remains eligible for those services until the pupil is enrolled in a new
district.
new text end

new text begin (iii) The district must provide to the pupil's parent or guardian a list of mental health
and counseling services available to the pupil after expulsion. The list must also be posted
on the district or charter school website.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end An area learning center under section 123A.05 may not prohibit an expelled or
excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
exclude a pupil or to require an admission plan.

deleted text begin (c)deleted text endnew text begin (d)new text end Each school district shall develop a policy and report it to the commissioner on
the appropriate use of peace officers and crisis teams to remove students who have an
individualized education program from school grounds.

Sec. 17.

Minnesota Statutes 2019 Supplement, section 124D.09, subdivision 3, is amended
to read:


Subd. 3.

Definitions.

For purposes of this section, the following terms have the meanings
given to them.

(a) "Eligible institution" means a Minnesota public postsecondary institution, a private,
nonprofit two-year trade and technical school granting associate degrees, an opportunities
industrialization center accredited by an accreditor recognized by the United States
Department of Education, or a private, residential, two-year or four-year, liberal arts,
degree-granting college or university located in Minnesota.new text begin An eligible institution cannot
require or base any part of the admission decision on a student's race, color, creed, religion,
national origin, sex, age, marital status, status with regard to public assistance, sexual
orientation, disability, or gender.
new text end

(b) "Course" means a course or program.

(c) "Concurrent enrollment" means nonsectarian courses in which an eligible pupil under
subdivision 5 or 5b enrolls to earn both secondary and postsecondary credits, are taught by
a secondary teacher or a postsecondary faculty member, and are offered at a high school
for which the district is eligible to receive concurrent enrollment program aid under section
124D.091.

Sec. 18.

Minnesota Statutes 2018, section 124D.111, subdivision 4, is amended to read:


Subd. 4.

No fees.

A participant that receives school lunch aid under this section must
make lunch available without charge to all participating students who qualify for free or
reduced-price meals. The participant must deleted text beginalso ensure that any reminders for payment of
outstanding student meal balances do not demean or stigmatize
deleted text endnew text begin not deny a school lunch tonew text end
any child participating in the school lunch programnew text begin whether or not that student has an
outstanding balance in the student's meal account
new text end.

Sec. 19.

Minnesota Statutes 2018, section 124D.111, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Respectful treatment. new text end

new text begin (a) A participant that receives school lunch aid under
this section must provide meals to students in a respectful manner. The participant must
ensure that any reminder for payment of an outstanding student meal balance does not
demean or stigmatize any student participating in the school lunch program. Prohibited
reminders include but are not limited to dumping meals, withdrawing a meal that has been
served, announcing or listing a student's name publicly, or drawing attention to a student
with a sticker, stamp, pin, or other identification. The participant must not impose any other
restriction prohibited under section 123B.37 due to unpaid student meal balances. The
participant must not limit a student's (1) participation in any school activity, field trip,
activity club, other extracurricular activity, or graduation ceremony or other graduation
activity; or (2) access to any material, technology, or other item provided to a student due
to an unpaid student meal balance.
new text end

new text begin (b) If the commissioner or the commissioner's designee determines a participant has
violated the requirement to provide meals to a participating student in a respectful manner,
the commissioner or the commissioner's designee must send a letter of noncompliance to
the participant. The participant is required to respond and, if applicable, remedy the practice
within 30 days of receipt of the letter.
new text end

Sec. 20.

new text begin [124D.792] GRADUATION CEREMONIES; TRIBAL REGALIA AND
OBJECTS OF CULTURAL SIGNIFICANCE.
new text end

new text begin A school district or charter school must not prohibit an American Indian student from
wearing American Indian regalia, tribal regalia, or objects of cultural significance at
graduation ceremonies.
new text end

Sec. 21.

Minnesota Statutes 2018, section 124E.03, subdivision 2, is amended to read:


Subd. 2.

Certain federal, state, and local requirements.

(a) A charter school shall
meet all federal, state, and local health and safety requirements applicable to school districts.

(b) A school must comply with statewide accountability requirements governing standards
and assessments in chapter 120B.

(c) A charter school must comply with the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.

(d) A charter school is a district for the purposes of tort liability under chapter 466.

(e) A charter school must comply with the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.

(f) A charter school and charter school board of directors must comply with chapter 181
governing requirements for employment.

(g) A charter school must comply with continuing truant notification under section
260A.03.

(h) A charter school must develop and implement a teacher evaluation and peer review
process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (13), and place
students in classrooms in accordance with section 122A.40, subdivision 8, paragraph (d).
The teacher evaluation process in this paragraph does not create any additional employment
rights for teachers.

(i) A charter school must adopt a policy, plan, budget, and process, consistent with
section 120B.11, to review curriculum, instruction, and student achievement and strive for
the world's best workforce.

(j) A charter school is subject to and must comply with the Pupil Fair Dismissal Act,
sections 121A.40 to 121A.56.

new text begin (k) A charter school is subject to and must comply with the uniform municipal contracting
law under section 471.345 in the same manner as a school district.
new text end

ARTICLE 3

QUALIFIED TEACHERS FOR EVERY STUDENT

Section 1.

new text begin [120B.117] INCREASING PERCENTAGE OF TEACHERS OF COLOR
AND AMERICAN INDIAN TEACHERS IN MINNESOTA.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin This section sets short-term and long-term state goals for
increasing the percentage of teachers of color and American Indian teachers in Minnesota
and for ensuring all students have equitable access to effective and racially and ethnically
diverse teachers who reflect the diversity of students. The goals and report required under
this section are also important for meeting state goals for the world's best workforce under
section 120B.11, achievement and integration under section 124D.861, and higher education
attainment under section 135A.012, all of which have been established to close persistent
opportunity and achievement gaps that limit students' success in school and life and impede
the state's economic growth.
new text end

new text begin Subd. 2. new text end

new text begin Equitable access to racially and ethnically diverse teachers. new text end

new text begin The percentage
of teachers who are of color or American Indian in Minnesota should increase at least two
percentage points per year to have a teaching workforce that more closely reflects the state's
increasingly diverse student population and to ensure all students have equitable access to
effective and diverse teachers by 2040.
new text end

new text begin Subd. 3. new text end

new text begin Rights not created. new text end

new text begin The attainment goal in this section is not to the exclusion
of any other goals and does not confer a right or create a claim for any person.
new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin Beginning in 2020 and every even-numbered year thereafter, the
Professional Educator Licensing and Standards Board must collaborate with the Department
of Education and the Office of Higher Education to publish a summary report of each of
the programs they administer and any other programs receiving state appropriations that
have or include an explicit purpose of increasing the racial and ethnic diversity of the state's
teacher workforce to more closely reflect the diversity of students. The report must include
programs under sections 122A.2451, 122A.63, 122A.635, 122A.70, 124D.09, 124D.861,
136A.1275, and 136A.1791, along with any other programs or initiatives that receive state
appropriations to address the shortage of teachers of color and American Indian teachers.
The board must, in coordination with the Office of Higher Education and Department of
Education, provide policy and funding recommendations related to state-funded programs
to increase the recruitment, preparation, licensing, hiring, and retention of racially and
ethnically diverse teachers and the state's progress toward meeting or exceeding the goals
of this section. The report must also include recommendations for state policy and funding
needed to achieve the goals of this section, as well as plans for sharing the report and
activities of grant recipients, and opportunities among grant recipients of various programs
to share effective practices with each other. The 2020 report must include a recommendation
of whether a state advisory council should be established to address the shortage of racially
and ethnically diverse teachers and what the composition and charge of such an advisory
council would be if established. The board must consult with the state Indian Affairs Council
and other ethnic councils along with other community and stakeholder groups, including
students of color and American Indian students, in developing the report. By November 1
of each even-numbered year, the board must submit the report to the chairs and ranking
minority members of the legislative committees with jurisdiction over education and higher
education policy and finance. The report must be available to the public on the board's
website.
new text end

Sec. 2.

Minnesota Statutes 2018, section 122A.181, subdivision 5, is amended to read:


Subd. 5.

Limitations on license.

(a) A Tier 1 license is limited to the content matter
indicated on the application for the initial Tier 1 license under subdivision 1, clause (2), and
limited to the district or charter school that requested the initial Tier 1 license.

(b) A Tier 1 license does not bring an individual within the definition of a teacher for
purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1, clause (a).

deleted text begin (c) A Tier 1 license does not bring an individual within the definition of a teacher under
section 179A.03, subdivision 18.
deleted text end

Sec. 3.

Minnesota Statutes 2018, section 122A.183, subdivision 2, is amended to read:


Subd. 2.

Coursework.

A candidate for a Tier 3 license must meet the coursework
requirement by demonstrating one of the following:

(1) completion of a Minnesota-approved teacher preparation program;

(2) completion of a state-approved teacher preparation program that includes field-specific
student teaching equivalent to field-specific student teaching in Minnesota-approved teacher
preparation programs. The field-specific student teaching requirement does not apply to a
candidate that has two years of teaching experience;

(3) submission of a content-specific licensure portfolio;new text begin or
new text end

(4) a professional teaching license from another state, evidence that the candidate's
license is in good standing, and two years of teaching experiencedeleted text begin; ordeleted text endnew text begin.
new text end

deleted text begin (5) three years of teaching experience under a Tier 2 license and evidence of summative
teacher evaluations that did not result in placing or otherwise keeping the teacher on an
improvement process pursuant to section 122A.40, subdivision 8, or section 122A.41,
subdivision 5.
deleted text end

Sec. 4.

Minnesota Statutes 2018, section 122A.185, subdivision 1, is amended to read:


Subdivision 1.

Tests.

deleted text begin (a) The Professional Educator Licensing and Standards Board
must adopt rules requiring a candidate to demonstrate a passing score on a board-adopted
examination of skills in reading, writing, and mathematics before being granted a Tier 4
teaching license under section 122A.184 to provide direct instruction to pupils in elementary,
secondary, or special education programs. Candidates may obtain a Tier 1, Tier 2, or Tier
3 license to provide direct instruction to pupils in elementary, secondary, or special education
programs if candidates meet the other requirements in section 122A.181, 122A.182, or
122A.183, respectively.
deleted text end

deleted text begin (b)deleted text endnew text begin (a)new text end The board must adopt rules requiring candidates for Tier 3 and Tier 4 licenses to
pass an examination of general pedagogical knowledge and examinations of licensure field
specific content. The content examination requirement does not apply if no relevant content
exam exists.

deleted text begin (c)deleted text endnew text begin (b)new text end Candidates for initial Tier 3 and Tier 4 licenses to teach elementary students must
pass test items assessing the candidates' knowledge, skill, and ability in comprehensive,
scientifically based reading instruction under section 122A.06, subdivision 4, knowledge
and understanding of the foundations of reading development, development of reading
comprehension and reading assessment and instruction, and the ability to integrate that
knowledge and understanding into instruction strategies under section 122A.06, subdivision
4.

deleted text begin (d)deleted text endnew text begin (c)new text end The requirement to pass a board-adopted reading, writing, and mathematics skills
examination does not apply to nonnative English speakers, as verified by qualified Minnesota
school district personnel or Minnesota higher education faculty, who, after meeting the
content and pedagogy requirements under this subdivision, apply for a teaching license to
provide direct instruction in their native language or world language instruction under section
120B.022, subdivision 1.

Sec. 5.

Minnesota Statutes 2018, section 122A.26, subdivision 2, is amended to read:


Subd. 2.

Exceptions.

new text begin(a) new text endA person who teaches in a community education program
deleted text begin whichdeleted text endnew text begin thatnew text end qualifies for aid pursuant to section 124D.52 shall continue to meet licensure
requirements as a teacher. A person who teaches in an early childhood and family education
program deleted text beginwhichdeleted text endnew text begin thatnew text end is offered through a community education program and deleted text beginwhichdeleted text endnew text begin thatnew text end
qualifies for community education aid pursuant to section 124D.20 or early childhood and
family education aid pursuant to section 124D.135 shall continue to meet licensure
requirements as a teacher. A person who teaches in a community education course deleted text beginwhichdeleted text endnew text begin
that
new text end is offered for credit for graduation to persons under 18 years of age shall continue to
meet licensure requirements as a teacher.

new text begin (b)new text end A person who teaches a driver training course deleted text beginwhichdeleted text endnew text begin thatnew text end is offered through a
community education program to persons under 18 years of age shall be licensed by the
Professional Educator Licensing and Standards Board or be subject to section 171.35. A
license which is required for an instructor in a community education program pursuant to
this deleted text beginsubdivisiondeleted text endnew text begin paragraphnew text end shall not be construed to bring an individual within the definition
of a teacher for purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1,
deleted text begin clausedeleted text endnew text begin paragraphnew text end (a).

Sec. 6.

Minnesota Statutes 2018, section 122A.40, subdivision 8, is amended to read:


Subd. 8.

Development, evaluation, and peer coaching for continuing contract
teachers.

(a) To improve student learning and success, a school board and an exclusive
representative of the teachers in the district, consistent with paragraph (b), may develop a
teacher evaluation and peer review process for probationary and continuing contract teachers
through joint agreement. If a school board and the exclusive representative of the teachers
do not agree to an annual teacher evaluation and peer review process, then the school board
and the exclusive representative of the teachers must implement the state teacher evaluation
plan under paragraph (c). The process must include having trained observers serve as peer
coaches or having teachers participate in professional learning communities, consistent with
paragraph (b).

(b) To develop, improve, and support qualified teachers and effective teaching practices,
improve student learning and success, and provide all enrolled students in a district or school
with improved and equitable access to more effective and diverse teachers, the annual
evaluation process for teachers:

(1) must, for probationary teachers, provide for all evaluations required under subdivision
5;

(2) must establish a three-year professional review cycle for each teacher that includes
an individual growth and development plan, a peer review process, and at least one
summative evaluation performed by a qualified and trained evaluator such as a school
administrator. For the years when a tenured teacher is not evaluated by a qualified and
trained evaluator, the teacher must be evaluated by a peer review;

(3) must deleted text beginbe based on professional teaching standards established in rule;deleted text endnew text begin create, adopt,
or revise a rubric of performance standards for teacher practice that must include culturally
responsive methodologies and at least three levels of performance to determine common
descriptions of effectiveness;
new text end

(4) must coordinate staff development activities under sections 122A.60 and 122A.61
with this evaluation process and teachers' evaluation outcomes;

(5) may provide time during the school day and school year for peer coaching and teacher
collaboration;

(6) may include job-embedded learning opportunities such as professional learning
communities;

(7) may include mentoring and induction programs for teachers, including teachers who
are members of populations underrepresented among the licensed teachers in the district or
school and who reflect the diversity of students under section 120B.35, subdivision 3,
paragraph (b), clause (2), who are enrolled in the district or school;

(8) must include an option for teachers to develop and present a portfolio demonstrating
evidence of reflection and professional growth, consistent with section 122A.187, subdivision
3
, and include teachers' own performance assessment based on student work samples and
examples of teachers' work, which may include video among other activities for the
summative evaluation;

(9) must use data from valid and reliable assessments aligned to state and local academic
standards and must use state and local measures of student growth and literacy that may
include value-added models or student learning goals to determine 35 percent of teacher
evaluation results;

(10) must use longitudinal data on student engagement and connection, and other student
outcome measures explicitly aligned with the elements of curriculum for which teachers
are responsible, including academic literacy, oral academic language, and achievement of
content areas of English learners;

(11) must require qualified and trained evaluators such as school administrators to
perform summative evaluations and ensure school districts and charter schools provide for
effective evaluator training specific to teacher development and evaluation;

(12) must give teachers not meeting professional teaching standards under clauses (3)
through (11) support to improve through a teacher improvement process that includes
established goals and timelines; and

(13) must discipline a teacher for not making adequate progress in the teacher
improvement process under clause (12) that may include a last chance warning, termination,
discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline
a school administrator determines is appropriate.

Data on individual teachers generated under this subdivision are personnel data under
section 13.43. The observation and interview notes of peer coaches may only be disclosed
to other school officials with the consent of the teacher being coached.

(c) The department, in consultation with parents who may represent parent organizations
and teacher and administrator representatives appointed by their respective organizations,
representing the Professional Educator Licensing and Standards Board, the Minnesota
Association of School Administrators, the Minnesota School Boards Association, the
Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and
representatives of the Minnesota Assessment Group, the Minnesota Business Partnership,
the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with
research expertise in teacher evaluation, must create and publish a teacher evaluation process
that complies with the requirements in paragraph (b) and applies to all teachers under this
section and section 122A.41 for whom no agreement exists under paragraph (a) for an annual
teacher evaluation and peer review process. The teacher evaluation process created under
this subdivision does not create additional due process rights for probationary teachers under
subdivision 5.

(d) Consistent with the measures of teacher effectiveness under this subdivision:

(1) for students in kindergarten through grade 4, a school administrator must not place
or approve the placement of a student in the classroom of a teacher who is in the improvement
process referenced in paragraph (b), clause (12), or has not had a summative evaluation if,
in the prior year, that student was in the classroom of a teacher who received discipline
pursuant to paragraph (b), clause (13), unless no other teacher at the school teaches that
grade; and

(2) for students in grades 5 through 12, a school administrator must not place or approve
the placement of a student in the classroom of a teacher who is in the improvement process
referenced in paragraph (b), clause (12), or has not had a summative evaluation if, in the
prior year, that student was in the classroom of a teacher who received discipline pursuant
to paragraph (b), clause (13), unless no other teacher at the school teaches that subject area
and grade.

All data created and used under this paragraph retains its classification under chapter 13.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 7.

Minnesota Statutes 2018, section 123B.09, subdivision 2, is amended to read:


Subd. 2.

School board member training.

A member shall receive training in school
finance and management developed in consultation with the Minnesota School Boards
Association and consistent with section 127A.19. The School Boards Association must
make available to each newly elected school board member training in school finance and
management consistent with section 127A.19 within 180 days of that member taking office.
The program shall be developed in consultation with the department and appropriate
representatives of higher education.new text begin For purposes of this subdivision only, the definition of
school board member includes a board member of a tribal contract school under section
124D.83.
new text end

Sec. 8.

Minnesota Statutes 2018, section 123B.147, subdivision 3, is amended to read:


Subd. 3.

Duties; evaluation.

(a) The principal shall provide administrative, supervisory,
and instructional leadership services, under the supervision of the superintendent of schools
of the district and according to the policies, rules, and regulations of the school board, for
the planning, management, operation, and evaluation of the education program of the building
or buildings to which the principal is assigned.

(b) To enhance a principal's new text beginculturally responsive new text endleadership skills and support and
improve teaching practices, school performance, and student achievement for diverse student
populations, including at-risk students, children with disabilities, English learners, and gifted
students, among others, a district must develop and implement a performance-based system
for annually evaluating school principals assigned to supervise a school building within the
district. The evaluation must be designed to improve teaching and learning by supporting
the principal in shaping the school's professional environment and developing teacher
quality, performance, and effectiveness. The annual evaluation must:

(1) support and improve a principal's instructional leadership, organizational management,
and professional development, and strengthen the principal's capacity in the areas of
instruction, supervision, evaluation, and teacher development;

new text begin (2) support and improve a principal's culturally responsive leadership practices that
create inclusive and respectful teaching and learning environments for all students, families,
and employees;
new text end

deleted text begin (2)deleted text endnew text begin (3)new text end include formative and summative evaluations based on multiple measures of
student progress toward career and college readiness;

deleted text begin (3)deleted text end new text begin(4) new text endbe consistent with a principal's job description, a district's long-term plans and
goals, and the principal's own professional multiyear growth plans and goals, all of which
must support the principal's leadership behaviors and practices, rigorous curriculum, school
performance, and high-quality instruction;

deleted text begin (4)deleted text endnew text begin (5)new text end include on-the-job observations and previous evaluations;

deleted text begin (5)deleted text end new text begin(6) new text endallow surveys to help identify a principal's effectiveness, leadership skills and
processes, and strengths and weaknesses in exercising leadership in pursuit of school success;

deleted text begin (6)deleted text endnew text begin (7)new text end use longitudinal data on student academic growth as 35 percent of the evaluation
and incorporate district achievement goals and targets;

deleted text begin (7)deleted text endnew text begin (8)new text end be linked to professional development that emphasizes improved teaching and
learning, curriculum and instruction, student learning, new text beginculturally responsive leadership
practices,
new text endand a collaborative professional culture; and

deleted text begin (8)deleted text endnew text begin (9)new text end for principals not meeting standards of professional practice or other criteria
under this subdivision, implement a plan to improve the principal's performance and specify
the procedure and consequence if the principal's performance is not improved.

The provisions of this paragraph are intended to provide districts with sufficient flexibility
to accommodate district needs and goals related to developing, supporting, and evaluating
principals.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 9. new text beginREPEALER.
new text end

new text begin Minnesota Rules, part 8710.0500, subpart 1, item A, new text end new text begin is repealed.
new text end

ARTICLE 4

UPDATING DEFINITIONS AND TIMELINES

Section 1.

Minnesota Statutes 2018, section 120A.20, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Verification of age for admission to public school. new text end

new text begin (a) Public schools may
request documentation that verifies a pupil falls within the school's minimum and maximum
age requirements for admission to publicly funded prekindergarten, preschool, kindergarten,
or grades 1 to 12. Documentation may include a passport, a hospital birth record or
physician's certificate, a baptismal or religious certificate, an adoption record, health records,
immunization records, immigration records, previously verified school records, early
childhood screening records, Minnesota Immunization Information Connection records, or
an affidavit from a parent.
new text end

new text begin (b) The school district or charter school must not deny a child from public school
enrollment solely because the child's parent or guardian is unable to provide a birth certificate
record.
new text end

Sec. 2.

Minnesota Statutes 2018, section 120A.22, subdivision 10, is amended to read:


Subd. 10.

Requirements for instructors.

A person who is providing instruction to a
child must meet at least one of the following requirements:

(1) hold a valid Minnesota teaching license in the field and for the grade level taught;

(2) be directly supervised by a person holding a valid Minnesota teaching license;

deleted text begin (3) successfully complete a teacher competency examination;
deleted text end

deleted text begin (4)deleted text endnew text begin (3)new text end provide instruction in a school that is accredited by an accrediting agency,
recognized according to section 123B.445, or recognized by the commissioner;

deleted text begin (5)deleted text endnew text begin (4)new text end hold a baccalaureate degree; or

deleted text begin (6)deleted text endnew text begin (5)new text end be the parent of a child who is assessed according to the procedures in subdivision
11.

Any person providing instruction in a public school must meet the requirements of clause
(1).

Sec. 3.

Minnesota Statutes 2018, section 120B.13, subdivision 4, is amended to read:


Subd. 4.

Rigorous course taking information; AP, IB, and PSEO.

The commissioner
shall submit the following information on rigorous course taking, disaggregated by student
subgroup, school district, and postsecondary institution, to the education committees of the
legislature each year by deleted text beginFebruarydeleted text endnew text begin Junenew text end 1:

(1) the number of pupils enrolled in postsecondary enrollment options under section
124D.09, including concurrent enrollment, career and technical education courses offered
as a concurrent enrollment course, advanced placement, and international baccalaureate
courses in each school district;

(2) the number of teachers in each district attending training programs offered by the
college board, International Baccalaureate North America, Inc., or Minnesota concurrent
enrollment programs;

(3) the number of teachers in each district participating in support programs;

(4) recent trends in the field of postsecondary enrollment options under section 124D.09,
including concurrent enrollment, advanced placement, and international baccalaureate
programs;

(5) expenditures for each category in this section and under sections 124D.09 and
124D.091, including career and technical education courses offered as a concurrent
enrollment course
; and

(6) other recommendations for the state program or the postsecondary enrollment options
under section 124D.09, including concurrent enrollment.

Sec. 4.

Minnesota Statutes 2019 Supplement, section 120B.35, subdivision 3, is amended
to read:


Subd. 3.

State growth target; other state measures.

(a)(1) The state's educational
assessment system measuring individual students' educational growth is based on indicators
of achievement growth that show an individual student's prior achievement. Indicators of
achievement and prior achievement must be based on highly reliable statewide or districtwide
assessments.

(2) For purposes of paragraphs (b), (c), and (d), the commissioner must analyze and
report separate categories of information using the student categories identified under the
federal Elementary and Secondary Education Act, as most recently reauthorized, and, in
addition to "other" for each race and ethnicity, and the Karen community, seven of the most
populous Asian deleted text beginand Pacific Islanderdeleted text end groups, three of the most populous Native groups,
seven of the most populous Hispanic/Latino groups, and five of the most populous Black
and African Heritage groups as determined by the total Minnesota population based on the
most recent American Community Surveynew text begin in consultation with the state demographer with
cross tabulation as soon as practicable
new text end; English learners under section 124D.59; home
language; free or reduced-price lunch; and all students enrolled in a Minnesota public school
who are currently or were previously in foster care, except that such disaggregation and
cross tabulation is not required if the number of students in a category is insufficient to yield
statistically reliable information or the results would reveal personally identifiable information
about an individual student.

(b) The commissioner, in consultation with a stakeholder group that includes assessment
and evaluation directors, district staff, experts in culturally responsive teaching, and
researchers, must implement a growth model that compares the difference in students'
achievement scores over time, and includes criteria for identifying schools and school
districts that demonstrate academic progress. The model may be used to advance educators'
professional development and replicate programs that succeed in meeting students' diverse
learning needs. Data on individual teachers generated under the model are personnel data
under section 13.43. The model must allow users to:

(1) report student growth consistent with this paragraph; and

(2) for all student categories, report and compare aggregated and disaggregated state
student growth and, under section 120B.11, subdivision 2, clause (2), student learning and
outcome data using the student categories identified under the federal Elementary and
Secondary Education Act, as most recently reauthorized, and other student categories under
paragraph (a), clause (2).

The commissioner must report measures of student growth and, under section 120B.11,
subdivision 2
, clause (2), student learning and outcome data, consistent with this paragraph,
including the English language development, academic progress, and oral academic
development of English learners and their native language development if the native language
is used as a language of instruction, and include data on all pupils enrolled in a Minnesota
public school course or program who are currently or were previously counted as an English
learner under section 124D.59.

(c) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must report two core measures indicating
the extent to which current high school graduates are being prepared for postsecondary
academic and career opportunities:

(1) a preparation measure indicating the number and percentage of high school graduates
in the most recent school year who completed course work important to preparing them for
postsecondary academic and career opportunities, consistent with the core academic subjects
required for admission to Minnesota's public colleges and universities as determined by the
Office of Higher Education under chapter 136A; and

(2) a rigorous coursework measure indicating the number and percentage of high school
graduates in the most recent school year who successfully completed one or more
college-level advanced placement, international baccalaureate, postsecondary enrollment
options including concurrent enrollment, other rigorous courses of study under section
120B.021, subdivision 1a, or industry certification courses or programs.

When reporting the core measures under clauses (1) and (2), the commissioner must also
analyze and report separate categories of information using the student categories identified
under the federal Elementary and Secondary Education Act, as most recently reauthorized,
and other student categories under paragraph (a), clause (2).

(d) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2014, must report summary data on school safety
and students' engagement and connection at school, consistent with the student categories
identified under paragraph (a), clause (2). The summary data under this paragraph are
separate from and must not be used for any purpose related to measuring or evaluating the
performance of classroom teachers. The commissioner, in consultation with qualified experts
on student engagement and connection and classroom teachers, must identify highly reliable
variables that generate summary data under this paragraph. The summary data may be used
at school, district, and state levels only. Any data on individuals received, collected, or
created that are used to generate the summary data under this paragraph are nonpublic data
under section 13.02, subdivision 9.

(e) For purposes of statewide educational accountability, the commissioner must identify
and report measures that demonstrate the success of learning year program providers under
sections 123A.05 and 124D.68, among other such providers, in improving students'
graduation outcomes. The commissioner, beginning July 1, 2015, must annually report
summary data on:

(1) the four- and six-year graduation rates of students under this paragraph;

(2) the percent of students under this paragraph whose progress and performance levels
are meeting career and college readiness benchmarks under section 120B.30, subdivision
1; and

(3) the success that learning year program providers experience in:

(i) identifying at-risk and off-track student populations by grade;

(ii) providing successful prevention and intervention strategies for at-risk students;

(iii) providing successful recuperative and recovery or reenrollment strategies for off-track
students; and

(iv) improving the graduation outcomes of at-risk and off-track students.

The commissioner may include in the annual report summary data on other education
providers serving a majority of students eligible to participate in a learning year program.

(f) The commissioner, in consultation with recognized experts with knowledge and
experience in assessing the language proficiency and academic performance of all English
learners enrolled in a Minnesota public school course or program who are currently or were
previously counted as an English learner under section 124D.59, must identify and report
appropriate and effective measures to improve current categories of language difficulty and
assessments, and monitor and report data on students' English proficiency levels, program
placement, and academic language development, including oral academic language.

(g) When reporting four- and six-year graduation rates, the commissioner or school
district must disaggregate the data by student categories according to paragraph (a), clause
(2).

(h) A school district must inform parents and guardians that volunteering information
on student categories not required by the most recent reauthorization of the Elementary and
Secondary Education Act is optional and will not violate the privacy of students or their
families, parents, or guardians. The notice must state the purpose for collecting the student
data.

Sec. 5.

Minnesota Statutes 2018, section 124D.03, subdivision 5, is amended to read:


Subd. 5.

Nonresident district procedures.

A district shall notify the parent or guardian
in writing by February 15 or within 90 days for applications submitted after January 15 in
the case of achievement and integration district transfers whether the application has been
accepted or rejected. If an application is rejected, the district must state in the notification
the reason for rejection. The parent or guardian must notify the nonresident district by March
1 or within deleted text begin45 daysdeleted text endnew text begin 15 business days for applicants after January 15new text end whether the pupil
intends to enroll in the nonresident district. Notice of intent to enroll in the nonresident
district obligates the pupil to attend the nonresident district during the following school
year, unless the boards of the resident and the nonresident districts agree in writing to allow
the pupil to transfer back to the resident district. If the pupil's parents or guardians change
residence to another district, the student does not lose the seat in the nonresident district but
the parent or guardian must complete an updated enrollment options form. If a parent or
guardian does not notify the nonresident district by the January 15 deadline, if it applies,
the pupil may not enroll in that nonresident district during the following school year, unless
the boards of the resident and nonresident district agree otherwise. The nonresident district
must notify the resident district by March 15 or 30 days later of the pupil's intent to enroll
in the nonresident district. The same procedures apply to a pupil who applies to transfer
from one participating nonresident district to another participating nonresident district.

Sec. 6.

Minnesota Statutes 2019 Supplement, section 124D.09, subdivision 7, is amended
to read:


Subd. 7.

Dissemination of information; notification of intent to enroll.

By the earlier
of (1) three weeks prior to the date by which a student must register for district courses for
the following school year, or (2) March 1 of each year, a district must provide up-to-date
information on the district's website and in materials that are distributed to parents and
students about the program, including information about enrollment requirements and the
ability to earn postsecondary credit to all pupils in grades 8, 9, 10, and 11. To assist the
district in planning, a pupil must inform the district deleted text beginby May 30 of each yeardeleted text end of the pupil's
intent to enroll in postsecondary courses during the following deleted text beginschool year. A pupil is bound
by notifying or not notifying the district by May 30
deleted text endnew text begin term. A pupil must notify the district
of the pupil's intent to enroll by May 30 for the fall term or October 30 for the spring term
or may not enroll in postsecondary courses under this section
new text end.

Sec. 7.

Minnesota Statutes 2018, section 124D.09, subdivision 13, is amended to read:


Subd. 13.

Financial arrangements.

For a pupil enrolled in a course under this section,
the department must make payments according to this subdivision for courses that were
taken for secondary credit.

The department must not make payments to a school district or postsecondary institution
for a course taken for postsecondary credit only. The department must not make payments
to a postsecondary institution for a course from which a student officially withdraws during
the first deleted text begin14deleted text endnew text begin ten businessnew text end days of the new text beginpostsecondary institution's new text endquarter or semester or who
has been absent from the postsecondary institution for the first deleted text begin15 consecutive schooldeleted text endnew text begin ten
business
new text end days of the new text beginpostsecondary institution's new text endquarter or semester and is not receiving
instruction in the home or hospital.

A postsecondary institution shall receive the following:

(1) for an institution granting quarter credit, the reimbursement per credit hour shall be
an amount equal to 88 percent of the product of the formula allowance minus $425, multiplied
by 1.2, and divided by 45; or

(2) for an institution granting semester credit, the reimbursement per credit hour shall
be an amount equal to 88 percent of the product of the general revenue formula allowance
minus $425, multiplied by 1.2, and divided by 30.

The department must pay to each postsecondary institution 100 percent of the amount
in clause (1) or (2) within 45 days of receiving initial enrollment information each quarter
or semester. If changes in enrollment occur during a quarter or semester, the change shall
be reported by the postsecondary institution at the time the enrollment information for the
succeeding quarter or semester is submitted. At any time the department notifies a
postsecondary institution that an overpayment has been made, the institution shall promptly
remit the amount due.

Sec. 8.

Minnesota Statutes 2018, section 124D.141, subdivision 2, is amended to read:


Subd. 2.

Additional duties.

The following duties are added to those assigned to the
council under federal law:

(1) make recommendations on the most efficient and effective way to leverage state and
federal funding streams for early childhood and child care programs;

deleted text begin (2) make recommendations on how to coordinate or colocate early childhood and child
care programs in one state Office of Early Learning. The council shall establish a task force
to develop these recommendations. The task force shall include two nonexecutive branch
or nonlegislative branch representatives from the council; six representatives from the early
childhood caucus; two representatives each from the Departments of Education, Human
Services, and Health; one representative each from a local public health agency, a local
county human services agency, and a school district; and two representatives from the
private nonprofit organizations that support early childhood programs in Minnesota. In
developing recommendations in coordination with existing efforts of the council, the task
force shall consider how to:
deleted text end

deleted text begin (i) consolidate and coordinate resources and public funding streams for early childhood
education and child care, and ensure the accountability and coordinated development of all
early childhood education and child care services to children from birth to kindergarten
entrance;
deleted text end

deleted text begin (ii) create a seamless transition from early childhood programs to kindergarten;
deleted text end

deleted text begin (iii) encourage family choice by ensuring a mixed system of high-quality public and
private programs, with local points of entry, staffed by well-qualified professionals;
deleted text end

deleted text begin (iv) ensure parents a decisive role in the planning, operation, and evaluation of programs
that aid families in the care of children;
deleted text end

deleted text begin (v) provide consumer education and accessibility to early childhood education and child
care resources;
deleted text end

deleted text begin (vi) advance the quality of early childhood education and child care programs in order
to support the healthy development of children and preparation for their success in school;
deleted text end

deleted text begin (vii) develop a seamless service delivery system with local points of entry for early
childhood education and child care programs administered by local, state, and federal
agencies;
deleted text end

deleted text begin (viii) ensure effective collaboration between state and local child welfare programs and
early childhood mental health programs and the Office of Early Learning;
deleted text end

deleted text begin (ix) develop and manage an effective data collection system to support the necessary
functions of a coordinated system of early childhood education and child care in order to
enable accurate evaluation of its impact;
deleted text end

deleted text begin (x) respect and be sensitive to family values and cultural heritage; and
deleted text end

deleted text begin (xi) establish the administrative framework for and promote the development of early
childhood education and child care services in order to provide that these services, staffed
by well-qualified professionals, are available in every community for all families that express
a need for them.
deleted text end

deleted text begin In addition, the task force must consider the following responsibilities for transfer to the
Office of Early Learning:
deleted text end

deleted text begin (A) responsibilities of the commissioner of education for early childhood education
programs and financing under sections 119A.50 to 119A.535, 121A.16 to 121A.19, and
124D.129 to 124D.2211;
deleted text end

deleted text begin (B) responsibilities of the commissioner of human services for child care assistance,
child care development, and early childhood learning and child protection facilities programs
and financing under chapter 119B and section 256E.37; and
deleted text end

deleted text begin (C) responsibilities of the commissioner of health for family home visiting programs
and financing under section 145A.17.
deleted text end

deleted text begin Any costs incurred by the council in making these recommendations must be paid from
private funds. If no private funds are received, the council must not proceed in making these
recommendations. The council must report its recommendations to the governor and the
legislature by January 15, 2011;
deleted text end

deleted text begin (3)deleted text endnew text begin (2)new text end review program evaluations regarding high-quality early childhood programs;new text begin
and
new text end

deleted text begin (4)deleted text endnew text begin (3)new text end make recommendations to the governor and legislature, including proposed
legislation on how to most effectively create a high-quality early childhood system in
Minnesota in order to improve the educational outcomes of children so that all children are
school-ready by 2020deleted text begin;deleted text endnew text begin.
new text end

deleted text begin (5) make recommendations to the governor and the legislature by March 1, 2011, on the
creation and implementation of a statewide school readiness report card to monitor progress
toward the goal of having all children ready for kindergarten by the year 2020. The
recommendations shall include what should be measured including both children and system
indicators, what benchmarks should be established to measure state progress toward the
goal, and how frequently the report card should be published. In making their
recommendations, the council shall consider the indicators and strategies for Minnesota's
early childhood system report, the Minnesota school readiness study, developmental
assessment at kindergarten entrance, and the work of the council's accountability committee.
Any costs incurred by the council in making these recommendations must be paid from
private funds. If no private funds are received, the council must not proceed in making these
recommendations; and
deleted text end

deleted text begin (6) make recommendations to the governor and the legislature on how to screen earlier
and comprehensively assess children for school readiness in order to provide increased early
interventions and increase the number of children ready for kindergarten. In formulating
their recommendations, the council shall consider (i) ways to interface with parents of
children who are not participating in early childhood education or care programs, (ii) ways
to interface with family child care providers, child care centers, and school-based early
childhood and Head Start programs, (iii) if there are age-appropriate and culturally sensitive
screening and assessment tools for three-, four-, and five-year-olds, (iv) the role of the
medical community in screening, (v) incentives for parents to have children screened at an
earlier age, (vi) incentives for early education and care providers to comprehensively assess
children in order to improve instructional practice, (vii) how to phase in increases in screening
and assessment over time, (viii) how the screening and assessment data will be collected
and used and who will have access to the data, (ix) how to monitor progress toward the goal
of having 50 percent of three-year-old children screened and 50 percent of entering
kindergarteners assessed for school readiness by 2015 and 100 percent of three-year-old
children screened and entering kindergarteners assessed for school readiness by 2020, and
(x) costs to meet these benchmarks. The council shall consider the screening instruments
and comprehensive assessment tools used in Minnesota early childhood education and care
programs and kindergarten. The council may survey early childhood education and care
programs in the state to determine the screening and assessment tools being used or rely on
previously collected survey data, if available. For purposes of this subdivision, "school
readiness" is defined as the child's skills, knowledge, and behaviors at kindergarten entrance
in these areas of child development: social; self-regulation; cognitive, including language,
literacy, and mathematical thinking; and physical. For purposes of this subdivision,
"screening" is defined as the activities used to identify a child who may need further
evaluation to determine delay in development or disability. For purposes of this subdivision,
"assessment" is defined as the activities used to determine a child's level of performance in
order to promote the child's learning and development. Work on this duty will begin in
fiscal year 2012. Any costs incurred by the council in making these recommendations must
be paid from private funds. If no private funds are received, the council must not proceed
in making these recommendations. The council must report its recommendations to the
governor and legislature by January 15, 2013, with an interim report on February 15, 2011.
deleted text end

Sec. 9.

Minnesota Statutes 2018, section 124D.165, subdivision 3, is amended to read:


Subd. 3.

Administration.

(a) The commissioner shall establish application timelines
and determine the schedule for awarding scholarships that meets operational needs of eligible
families and programs. The commissioner must give highest priority to applications from
children who:

(1) have a parent under age 21 who is pursuing a high school diploma or a course of
study for a high school equivalency test;

(2) are in foster care or otherwise in need of protection or services; or

(3) have experienced homelessness in the last 24 months, as defined under the federal
McKinney-Vento Homeless Assistance Act, United States Code, title 42, section 11434a.

The commissioner may prioritize applications on additional factors including family
income, geographic location, and whether the child's family is on a waiting list for a publicly
funded program providing early education or child care services.

(b) The commissioner shall establish a target for the average scholarship amount per
child based on the results of the rate survey conducted under section 119B.02.

(c) A four-star rated program that has children eligible for a scholarship enrolled in or
on a waiting list for a program beginning in July, August, or September may notify the
commissioner, in the form and manner prescribed by the commissioner, each year of the
program's desire to enhance program services or to serve more children than current funding
provides. The commissioner may designate a predetermined number of scholarship slots
for that program and notify the program of that number. For fiscal year 2018 and later, the
statewide amount of funding directly designated by the commissioner must not exceed the
funding directly designated for fiscal year 2017. Beginning July 1, 2016, a school district
or Head Start program qualifying under this paragraph may use its established registration
process to enroll scholarship recipients and may verify a scholarship recipient's family
income in the same manner as for other program participants.

(d) A scholarship is awarded for a 12-month period. If the scholarship recipient has not
been accepted and subsequently enrolled in a rated program within ten months of the
awarding of the scholarship, the scholarship cancels and the recipient must reapply in order
to be eligible for another scholarship. A child may not be awarded more than one scholarship
in a 12-month period.

(e) A child who receives a scholarship who has not completed development screening
under sections 121A.16 to 121A.19 must complete that screening within 90 days of first
attending an eligible programnew text begin or within 90 days after the child's third birthday if awarded
a scholarship under the age of three
new text end.

(f) For fiscal year 2017 and later, a school district or Head Start program enrolling
scholarship recipients under paragraph (c) may apply to the commissioner, in the form and
manner prescribed by the commissioner, for direct payment of state aid. Upon receipt of
the application, the commissioner must pay each program directly for each approved
scholarship recipient enrolled under paragraph (c) according to the metered payment system
or another schedule established by the commissioner.

Sec. 10.

Minnesota Statutes 2018, section 124D.165, subdivision 4, is amended to read:


Subd. 4.

Early childhood program eligibility.

(a) In order to be eligible to accept an
early learning scholarship, a program must:

(1) participate in the quality rating and improvement system under section 124D.142;
and

(2) beginning July 1, 2020, have a three- or four-star rating in the quality rating and
improvement system.

(b) Any program accepting scholarships must use the revenue to supplement and not
supplant federal funding.

deleted text begin (c) Notwithstanding paragraph (a), all Minnesota early learning foundation scholarship
program pilot sites are eligible to accept an early learning scholarship under this section.
deleted text end

Sec. 11.

Minnesota Statutes 2018, section 124D.74, subdivision 1, is amended to read:


Subdivision 1.

Program described.

American Indian education programs are programs
in public elementary and secondary schools, nonsectarian nonpublic, community, tribal,
charter, or alternative schools enrolling American Indian children designed to:

(1) support postsecondary preparation for new text beginAmerican Indian new text endpupils;

(2) support the academic achievement of American Indian deleted text beginstudentsdeleted text endnew text begin pupilsnew text end;

(3) make the curriculum relevant to the needs, interests, and cultural heritage of American
Indian pupils;

(4) provide positive reinforcement of the self-image of American Indian pupils;

(5) develop intercultural awareness among pupils, parents, and staff; and

(6) supplement, not supplant, state and federal educational and cocurricular programs.

Program services designed to increase completion and graduation rates of American Indian
deleted text begin studentsdeleted text endnew text begin pupilsnew text end must emphasize academic achievement, retention, and attendance;
development of support services for staff, including in-service training and technical
assistance in methods of teaching American Indian pupils; research projects, including
innovative teaching approaches and evaluation of methods of relating to American Indian
pupils; provision of career counseling to American Indian pupils; modification of curriculum,
instructional methods, and administrative procedures to meet the needs of American Indian
pupils; and deleted text beginsupplementaldeleted text end instruction in American Indian language, literature, history, and
culture. Districts offering programs may make contracts for the provision of program services
by establishing cooperative liaisons with tribal programs and American Indian social service
agencies. These programs may also be provided as components of early childhood and
family education programs.

Sec. 12.

Minnesota Statutes 2018, section 124D.78, subdivision 1, is amended to read:


Subdivision 1.

Parent committee.

new text begin(a) new text endSchool boards and American Indian schools must
provide for the maximum involvement of parents of children enrolled in education programs,
programs for elementary and secondary grades, special education programs, and support
services. Accordingly, the board of a school district in which there are ten or more American
Indian students enrolled and each American Indian school must establish an American
Indian education parent advisory committee.

new text begin (b) For purposes of this section, American Indian students are defined as persons having
origins in any of the original peoples of North America who maintain cultural identification
through tribal affiliation or community recognition.
new text end

new text begin (c)new text end If a committee whose membership consists of a majority of parents of American
Indian children has been or is established according to federal, tribal, or other state law, that
committee may serve as the committee required by this section and is subject to, at least,
the requirements of this subdivision and subdivision 2.

new text begin (d) new text endThe American Indian education parent advisory committee must develop its
recommendations in consultation with the curriculum advisory committee required by
section 120B.11, subdivision 3. This committee must afford parents the necessary information
and the opportunity effectively to express their views concerning all aspects of American
Indian education and the educational needs of the American Indian children enrolled in the
school or program. The school board or American Indian school must ensure that programs
are planned, operated, and evaluated with the involvement of and in consultation with parents
of new text beginAmerican Indian new text endstudents served by the programsnew text begin as evidenced by American Indian
education parent advisory committee meeting minutes
new text end.

Sec. 13.

Minnesota Statutes 2018, section 124D.78, subdivision 3, is amended to read:


Subd. 3.

Membership.

The American Indian education parent advisory committee must
be composed of parents of children eligible to be enrolled in American Indian education
programs; secondary students eligible to be served; American Indian language and culture
education teachers and paraprofessionals; American Indian teachers; counselors; adult
American Indian people enrolled in educational programs; and representatives from
community groups. A majority of each committee must be parents of new text beginAmerican Indian
new text end children enrolled or eligible to be enrolled in the programs. deleted text beginThe number of parents of
American Indian and non-American Indian children shall reflect approximately the proportion
of children of those groups enrolled in the programs.
deleted text end

Sec. 14.

Minnesota Statutes 2018, section 124D.79, subdivision 2, is amended to read:


Subd. 2.

Technical assistance.

The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end provide technical assistancenew text begin,
which must include an annual report of American Indian student data using the state count,
new text end
to districts, schools and postsecondary institutions for preservice and in-service training for
teachers, American Indian education teachers and paraprofessionals specifically designed
to implement culturally responsive teaching methods, culturally based curriculum
development, testing and testing mechanisms, and the development of materials for American
Indian education programs.

Sec. 15.

Minnesota Statutes 2018, section 124D.81, subdivision 1, is amended to read:


Subdivision 1.

Procedures.

A school district, charter school, or American
Indian-controlled tribal contract or grant school enrolling at least 20 American Indian
students new text beginidentified by the state count new text endon October 1 of the previous school year and operating
an American Indian education program according to section 124D.74 is eligible for Indian
education aid if it meets the requirements of this section. Programs may provide for contracts
for the provision of program components by nonsectarian nonpublic, community, tribal,
charter, or alternative schools. The commissioner shall prescribe the form and manner of
application for aids, and no aid shall be made for a program not complying with the
requirements of sections 124D.71 to 124D.82.

Sec. 16.

Minnesota Statutes 2018, section 124D.862, subdivision 7, is amended to read:


Subd. 7.

Revenue reserved.

Integration revenue received under this section must be
reserved and used only for the programs authorized in new text beginsection 124D.861, new text endsubdivision 2.

Sec. 17.

Minnesota Statutes 2018, section 124E.03, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin English learners. new text end

new text begin A charter school is subject to and must comply with the
Education for English Learners Act under sections 124D.58 to 124D.64 as though it were
a district.
new text end

Sec. 18.

Minnesota Statutes 2018, section 124E.03, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Corporal punishment. new text end

new text begin A charter school is subject to and must comply with
section 121A.58 as though it were a district.
new text end

Sec. 19.

Minnesota Statutes 2018, section 124E.05, subdivision 4, is amended to read:


Subd. 4.

Application content.

(a) To be approved as an authorizer, an applicant must
include in its application to the commissioner at least the following:

(1) how the organization carries out its mission by chartering schools;

(2) a description of the capacity of the organization to serve as an authorizer, including
the positions allocated to authorizing duties, the qualifications for those positions, the
full-time equivalencies of those positions, and the financial resources available to fund the
positions;

(3) the application and review process the authorizer uses to decide whether to grant
charters;

(4) the type of contract it arranges with the schools it charters to meet the provisions of
section 124E.10;

(5) the process for overseeing the school, consistent with clause (4), to ensure that the
schools chartered comply with applicable law and rules and the contract;

(6) the criteria and process the authorizer uses to approve applications adding grades or
sites under section 124E.06, subdivision 5;

(7) the process for renewing or terminating the school's charter based on evidence
showing the academic, organizational, and financial competency of the school, including
its success in increasing student achievement and meeting the goals of the charter school
agreement; and

(8) an assurance specifying that the organization is committed to serving as an authorizer
deleted text begin for the full five-year termdeleted text endnew text begin until the commissioner terminates the organization's ability to
authorize charter schools under subdivision 6, or until the organization formally withdraws
as an approved authorizer under subdivision 7
new text end.

(b) Notwithstanding paragraph (a), an authorizer that is a school district may satisfy the
requirements of paragraph (a), clauses (1) and (2), and any requirement governing a conflict
of interest between an authorizer and its charter schools or ongoing evaluation or continuing
education of an administrator or other professional support staff by submitting to the
commissioner a written promise to comply with the requirements.

Sec. 20.

Minnesota Statutes 2018, section 124E.05, subdivision 7, is amended to read:


Subd. 7.

Withdrawal.

If the governing board of an approved authorizer votes to withdraw
as an approved authorizer for a reason unrelated to any cause under deleted text beginsection 124E.10,
subdivision 4
deleted text endnew text begin subdivision 6new text end, the authorizer must notify all its chartered schools and the
commissioner in writing by March 1 of its intent to withdraw as an authorizer on June 30
in the next calendar yeardeleted text begin, regardless of when the authorizer's five-year term of approval
ends
deleted text end. Upon notification of the schools and commissioner, the authorizer must provide a
letter to the school for distribution to families of students enrolled in the school that explains
the decision to withdraw as an authorizer. The commissioner may approve the transfer of
a charter school to a new authorizer under section 124E.10, subdivision 5.

Sec. 21.

Minnesota Statutes 2018, section 124E.11, is amended to read:


124E.11 ADMISSION REQUIREMENTS AND ENROLLMENT.

(a) A charter school, including its preschool or prekindergarten program established
under section 124E.06, subdivision 3, paragraph (b), may limit admission to:

(1) pupils within an age group or grade level;

(2) pupils who are eligible to participate in the graduation incentives program under
section 124D.68; or

(3) residents of a specific geographic area in which the school is located when the
majority of students served by the school are members of underserved populations.

(b) A charter school, including its preschool or prekindergarten program established
under section 124E.06, subdivision 3, paragraph (b), shall enroll an eligible pupil who
submits a timely application, unless the number of applications exceeds the capacity of a
program, class, grade level, or building. In this case, pupils must be accepted by lot. The
charter school must develop and publish, including on its website, a lottery policy and
process that it must use when accepting pupils by lot.

(c) A charter school shall give enrollment preference to a sibling of an enrolled pupil
and to a foster child of that pupil's parents and may give preference for enrolling children
of the school's staff before accepting other pupils by lot. A charter school that is located in
Duluth township in St. Louis County and admits students in kindergarten through grade 6
must give enrollment preference to students residing within a five-mile radius of the school
and to the siblings of enrolled children. A charter school may give enrollment preference
to children currently enrolled in the school's free preschool or prekindergarten program
under section 124E.06, subdivision 3, paragraph (b), who are eligible to enroll in kindergarten
in the next school year.

(d)new text begin Admission to a charter school is free to any person who resides within the state of
Minnesota.
new text end A person shall not be admitted to a charter school (1) as a kindergarten pupil,
unless the pupil is at least five years of age on September 1 of the calendar year in which
the school year for which the pupil seeks admission commences; or (2) as a first grade
student, unless the pupil is at least six years of age on September 1 of the calendar year in
which the school year for which the pupil seeks admission commences or has completed
kindergarten; except that a charter school may establish and publish on its website a policy
for admission of selected pupils at an earlier age, consistent with the enrollment process in
paragraphs (b) and (c).

(e) Except as permitted in paragraph (d), a charter school, including its preschool or
prekindergarten program established under section 124E.06, subdivision 3, paragraph (b),
may not limit admission to pupils on the basis of intellectual ability, measures of achievement
or aptitude, or athletic ability and may not establish any criteria or requirements for admission
that are inconsistent with this section.

(f) The charter school shall not distribute any services or goods of value to students,
parents, or guardians as an inducement, term, or condition of enrolling a student in a charter
school.

(g) Once a student is enrolled in the school, the student is considered enrolled in the
school until the student formally withdraws or is expelled under the Pupil Fair Dismissal
Act in sections 121A.40 to 121A.56.

(h) A charter school with at least 90 percent of enrolled students who are eligible for
special education services and have a primary disability of deaf or hard-of-hearing may
enroll prekindergarten pupils with a disability under section 126C.05, subdivision 1,
paragraph (a), and must comply with the federal Individuals with Disabilities Education
Act under Code of Federal Regulations, title 34, section 300.324, subsection (2), clause
(iv).

Sec. 22.

Minnesota Statutes 2018, section 124E.13, subdivision 3, is amended to read:


Subd. 3.

Affiliated nonprofit building corporation.

(a) An affiliated nonprofit building
corporation may purchase, expand, or renovate an existing facility to serve as a school or
may construct a new school facility. deleted text beginAdeleted text endnew text begin One local education agencynew text end charter school may
organize an affiliated nonprofit building corporation if the charter school:

(1) has operated for at least six consecutive years;

(2) as of June 30, has a net positive unreserved general fund balance in the preceding
three fiscal years;

(3) has long-range strategic and financial plans that include enrollment projections for
at least five years;

(4) completes a feasibility study of facility options that outlines the benefits and costs
of each option; and

(5) has a plan that describes project parameters and budget.

(b) An affiliated nonprofit building corporation under this subdivision must:

(1) be incorporated under section 317A;

(2) comply with applicable Internal Revenue Service regulations, including regulations
for "supporting organizations" as defined by the Internal Revenue Service;

(3) post on the school website the name, mailing address, bylaws, minutes of board
meetings, and names of the current board of directors of the affiliated nonprofit building
corporation;

(4) submit to the commissioner a copy of its annual audit by December 31 of each year;
and

(5) comply with government data practices law under chapter 13.

(c) An affiliated nonprofit building corporation must not serve as the leasing agent for
property or facilities it does not own. A charter school that leases a facility from an affiliated
nonprofit building corporation that does not own the leased facility is ineligible to receive
charter school lease aid. The state is immune from liability resulting from a contract between
a charter school and an affiliated nonprofit building corporation.

(d) The board of directors of the charter school must ensure the affiliated nonprofit
building corporation complies with all applicable legal requirements. The charter school's
authorizer must oversee the efforts of the board of directors of the charter school to ensure
legal compliance of the affiliated building corporation. A school's board of directors that
fails to ensure the affiliated nonprofit building corporation's compliance violates its
responsibilities and an authorizer must consider that failure when evaluating the charter
school.

Sec. 23.

Minnesota Statutes 2018, section 125A.091, is amended by adding a subdivision
to read:


new text begin Subd. 29. new text end

new text begin Rulemaking. new text end

new text begin The commissioner of education must adopt rules or amend
Minnesota Rules, part 3525.3700, subparts 1 and 1a, to carry out the provisions of
subdivisions 3a and 7.
new text end

Sec. 24.

Minnesota Statutes 2018, section 125A.30, is amended to read:


125A.30 INTERAGENCY EARLY INTERVENTION COMMITTEES.

(a) A group of school districts or special education cooperatives, in cooperation with
the new text begincounty and tribal new text endhealth and human service agencies located in the county or counties
in which the districts or cooperatives are located, must establish an Interagency Early
Intervention Committee for children with disabilities under age five and their families under
this section, and for children with disabilities ages three to 22 consistent with the requirements
under sections 125A.023 and 125A.027. Committees must include representatives of local
health, education, and county new text beginand tribal new text endhuman service agencies, early childhood family
education programs, Head Start, parents of young children with disabilities under age 12,
child care resource and referral agencies, school readiness programs, current service
providers, and agencies that serve families experiencing homelessness, and may also include
representatives from other private or public agencies and school nurses. The committee
must elect a chair from among its members and must meet at least quarterly.

(b) The committee must develop and implement interagency policies and procedures
concerning the following ongoing duties:

(1) develop public awareness systems designed to inform potential recipient families,
especially parents with premature infants, or infants with other physical risk factors associated
with learning or development complications, of available programs and services;

(2) to reduce families' need for future services, and especially parents with premature
infants, or infants with other physical risk factors associated with learning or development
complications, implement interagency child find systems designed to actively seek out,
identify, and refer infants and young children with, or at risk of, disabilities, including a
child under the age of three who: (i) is the subject of a substantiated case of abuse or neglect
or (ii) is identified as directly affected by illegal substance abuse, or withdrawal symptoms
resulting from prenatal drug exposure;

(3) implement a process for assuring that services involve cooperating agencies at all
steps leading to individualized programs;

(4) identify the current services and funding being provided within the community for
children with disabilities under age five and their families; and

(5) develop a plan for the allocation and expenditure of federal early intervention funds
under United States Code, title 20, section 1471 et seq. (Part C, Public Law 108-446) and
United States Code, title 20, section 631, et seq. (Chapter I, Public Law 89-313).

(c) The local committee shall also participate in needs assessments and program planning
activities conducted by local social service, health and education agencies for young children
with disabilities and their families.

Sec. 25.

Minnesota Statutes 2018, section 134.31, subdivision 4a, is amended to read:


Subd. 4a.

Services to people with visual and physical disabilities.

The Minnesota
Department of Education shall provide specialized services to people with visual and physical
disabilities through the Minnesota Braille and Talking Book Library under a cooperative
plan with the National Library deleted text beginServicesdeleted text endnew text begin Servicenew text end for the Blind and deleted text beginPhysically Handicappeddeleted text endnew text begin
Print Disabled
new text end of the Library of Congress.

Sec. 26.

Minnesota Statutes 2018, section 609A.03, subdivision 7a, is amended to read:


Subd. 7a.

Limitations of order effective January 1, 2015, and later.

(a) Upon issuance
of an expungement order related to a charge supported by probable cause, the DNA samples
and DNA records held by the Bureau of Criminal Apprehension and collected under authority
other than section 299C.105 shall not be sealed, returned to the subject of the record, or
destroyed.

(b) Notwithstanding the issuance of an expungement order:

(1) except as provided in clause (2), an expunged record may be opened, used, or
exchanged between criminal justice agencies without a court order for the purposes of
initiating, furthering, or completing a criminal investigation or prosecution or for sentencing
purposes or providing probation or other correctional services;

(2) when a criminal justice agency seeks access to a record that was sealed under section
609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing
for lack of probable cause, for purposes of a criminal investigation, prosecution, or
sentencing, the requesting agency must obtain an ex parte court order after stating a
good-faith basis to believe that opening the record may lead to relevant information;

(3) an expunged record of a conviction may be opened for purposes of evaluating a
prospective employee in a criminal justice agency without a court order;

(4) an expunged record of a conviction may be opened for purposes of a background
study under section 245C.08 unless the commissioner had been properly served with notice
of the petition for expungement and the court order for expungement is directed specifically
to the commissioner of human services;

(5) an expunged record of a conviction may be opened for purposes of a background
check required under section 122A.18, subdivision 8, unless the court order for expungement
is directed specifically to the Professional Educator Licensing and Standards Board deleted text beginor the
licensing division of the Department of Education
deleted text end; and

(6) the court may order an expunged record opened upon request by the victim of the
underlying offense if the court determines that the record is substantially related to a matter
for which the victim is before the court.

(c) An agency or jurisdiction subject to an expungement order shall maintain the record
in a manner that provides access to the record by a criminal justice agency under paragraph
(b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau
of Criminal Apprehension shall notify the commissioner of human servicesdeleted text begin,deleted text endnew text begin ornew text end the
Professional Educator Licensing and Standards Boarddeleted text begin, or the licensing division of the
Department of Education
deleted text end of the existence of a sealed record and of the right to obtain access
under paragraph (b), clause (4) or (5). Upon request, the agency or jurisdiction subject to
the expungement order shall provide access to the record to the commissioner of human
servicesdeleted text begin,deleted text endnew text begin ornew text end the Professional Educator Licensing and Standards Boarddeleted text begin, or the licensing
division of the Department of Education
deleted text end under paragraph (b), clause (4) or (5).

(d) An expunged record that is opened or exchanged under this subdivision remains
subject to the expungement order in the hands of the person receiving the record.

(e) A criminal justice agency that receives an expunged record under paragraph (b),
clause (1) or (2), must maintain and store the record in a manner that restricts the use of the
record to the investigation, prosecution, or sentencing for which it was obtained.

(f) For purposes of this section, a "criminal justice agency" means a court or government
agency that performs the administration of criminal justice under statutory authority.

(g) This subdivision applies to expungement orders subject to its limitations and effective
on or after January 1, 2015.

APPENDIX

Repealed Minnesota Rule: 20-6636

8710.0500 EXAMINATIONS FOR TEACHER LICENSES.

Subpart 1.

Examination requirements.

A.

An applicant for a first professional teaching license shall provide official evidence of having successfully completed examinations of skills in reading, writing, and mathematics before being issued an initial Minnesota professional teaching license. The examinations must have been adopted by the Professional Educator Licensing and Standards Board. An applicant who is deaf must fulfill the mathematics requirement of this part by successfully completing the mathematics examination, and must fulfill the reading and writing requirements of this part either by successfully completing the reading and writing examinations or by evaluation by board approved colleges and universities of demonstrated proficiency (Intermediate Plus) in the expressive and receptive use of alternative communication systems including sign language and finger spelling as measured by the Sign Communication Proficiency Inventory (SCPI). This inventory is published by the National Technical Institute for the Deaf in Rochester, New York, and is administered through the College of Education at the University of Minnesota on at least an annual basis. A description of this inventory is available through the Minitex interlibrary loan system in the Journal of Sign Language Studies and American Annals for the Deaf. The inventory is incorporated by reference. It may be periodically changed. An applicant who is blind shall be required to fulfill requirements of this part by successfully completing the examinations with an opportunity to select a reader, to use adaptive visual aids or technology aids, and to complete the testing under adaptive conditions.